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Home My WebLink About021722 ORD - 08/10/1993AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY ESTABLISHING DUNE PROTECTION AND BEACH ACCESS REGULATIONS IN ACCORDANCE WITH THE CITY'S COMPREHENSIVE PLAN, THE TEXAS OPEN BEACHES ACT, THE DUNE PROTECTION ACT AND COASTAL AREA PLANNING REGULATIONS; REGULATING THE ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION, AND REPAIR OF BUILDINGS AND STRUCTURES WITHIN THE BEACHFRONT CONSTRUCTION AND DUNE PROTECTION AREA; REGULATING THE ALTERATION OF DUNES; PROVIDING FOR ISSUANCE OF DUNE PROTECTION PERMITS AND BEACHFRONT CONSTRUCTION CERTIFICATES AND FOR THE APPROVAL OF SUCH PERMITS AND CERTIFICATES BY THE PLANNING COMMISSION; PROVIDING FOR THE APPROVAL OF MASTER PLANNED DEVELOPMENTS WITHIN THE DUNE PROTECTION AND BEACHFRONT CONSTRUCTION AREA; REGULATING TRAFFIC; ESTABLISHING STREETS AND PUBLIC ACCESS TO THE PUBLIC BEACHES; REGULATING USE OF THE PUBLIC BEACH AREA; ADOPTING MAPS SHOWING THE ACTUAL LOCATION AND BOUNDARIES OF THE DUNE PROTECTION AND BEACHFRONT CONSTRUCTION AREAS; PROVIDING FOR CERTAIN EXCEPTIONS, FOR ENFORCEMENT, FOR PENALTIES FOR VIOLATION OF ANY OF THE PROVISIONS OF THE ORDINANCE, FOR FUTURE CHANGES AND AMENDMENTS TO THE ORDINANCE, AND DEFINING THE VARIOUS TERMS AND WORDS USED IN THE ORDINANCE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning an amendment to the Code of Ordinances, City of Corpus Christi; WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, July 14, 1993, during a meeting of the Planning Commission and on Tuesday, July 27, 1993 and August 10, 1993, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard; and WHEREAS, the City Council has determined that the hereinafter set forth amendment would best serve public health, necessity and convenience and the general welfare of the City of Corpus Christi and its citizens. 93NH2889.B30.ak 08-11-93 021722 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That The Code of Ordinances, City of Corpus Christi, Texas, is amended by adding a new Chapter 10 hereinafter set out. SECTION 2. That the Corpus Christi Code, Chapter 10, Beachfront Management and Construction is amended by adding a new Chapter 10 as follows: CHAPTER 10 BEACHFRONT MANAGEMENT AND CONSTRUCTION ARTICLE I. DEFINITIONS. ARTICLE II. ADMINISTRATION. ARTICLE III. REQUIREMENTS FOR DUNE PROTECTION PERMITS. ARTICLE IV. REQUIREMENTS FOR BEACHFRONT CONSTRUCTION CERTIFICATES. ARTICLE V. CONCURRENT REQUIREMENTS FOR BOTH DUNE PROTECTION PERMITS AND BEACHFRONT CONSTRUCTION CERTIFICATES. ARTICLE VI. MANAGEMENT OF THE PUBLIC BEACH. ARTICLE VII. TRAFFIC REGULATIONS. ARTICLE VIII. BEACH USER FEES. _ ARTICLE IX. PENALTIES. ARTICLE X. GENERAL PROVISIONS. APPENDICES Appendix I Industrial Uses Permitted/Not Permitted Appendix II Dune Protection Line Appendix III Beachfront Construction Line 93NH2889.830.ak 08-11-93 7 F 3 Appendix IV Flow Chart of Application Process for Master Planned Developments Appendix V Flow Chart for Application Process for Dune Protection Permit or Beachfront Construction Certificate Appendix VI Designation of Access Ways, Parking Areas, and Beaches Closed to Motor Vehicles Appendix VII Designated Beach Fee Areas Appendix VIII Interlocal Agreement for Beach Maintenance with Nueces County Appendix IX Interlocal Agreement for Dune Protection Act and Open Beaches Act with Nueces County Appendix X Interlocal Agreement for Dune Protection Act and Open Beaches Act with Kleberg County Appendix XI 31 TAC §§ 15.1-15.10 (Coastal Area Planning) Appendix XII Dune Protection Act, V.C.T.A., Natural Resources Code § 61.001 et seq. Appendix XIII Open Beaches Act, V.T.C.A., Natural Resources Code § 63.001 et seq. ARTICLE I. DEFINITIONS. Sec. 10-1. Definitions. The following words and terms, when used in these regulations, shall have the following meanings, unless the context clearly indicates otherwise. Affect - As used in these regulations regarding dunes, dune vegetation, and the public beach, "affect" means to produce an effect upon dunes, dune vegetation, or public beach use and access. Amenities - Any nonhabitable major structures including swimming pools, bathhouses, detached garages, cabanas, pipelines, piers, canals, lakes, ditches, artificial runoff channels and other water retention structures, roads, streets, highways, parking areas and other paved 93NH2889.830.ak 08-11-93 4 areas (exceeding 144 square feet in area), underground storage tanks, and similar structures. Applicant - Any person applying to the City of Corpus Christi for a permit and/or certificate for any construction or development plan. Backdunes - The dunes located landward of the foredune ridge which are usually well vegetated but may also be unvegetated and migratory. These dunes supply sediment to the beach after the foredunes and the foredune ridge have been destroyed by natural or human activities. Beach access - The right to use and enjoy the public beach, including the right of free and unrestricted ingress and egress to and from the public beach. Beach/dune system - The land from the line of mean low tide of the Gulf of Mexico to the landward limit of dune formation. Beachfront construction certificate or certificate - The document issued by the City of Corpus Christi that certifies that the proposed construction either is consistent with the City's dune protection and beach access plan or is inconsistent with the City's dune protection and beach access plan. In the latter case, the City must specify how the construction is inconsistent with the plan, as required by the Open Beaches Act, Sec. 61.015. Beach maintenance - The cleaning or removal of debris from the beach by handpicking, raking, or mechanical means. Beach profile - The shape and elevation of the beach as determined by surveying a cross section of the beach. Beach -related services - Reasonable and necessary services and facilities directly related to the public beach which are provided to the public to ensure safe use of and access to and from the public beach, such as vehicular controls, management, and parking (including acquisition and maintenance of off -beach parking and access ways); sanitation and litter control; lifeguarding and lifesaving; beach maintenance; law enforcement; beach nourishment projects; beach/dune system education; beach/dune protection and restoration projects; providing public facilities such as restrooms, showers, lockers, equipment, rentals, and picnic areas; recreational and refreshment facilities; liability insurance; and staff and personnel necessary to provide beach -related services. Beach -related services and facilities shall serve only those areas on or immediately adjacent to the public beach. Beach user fee - A fee collected by the City or its designee in order to establish and maintain beach -related services and facilities for the preservation and enhancement of access to and from and safe and healthy use of public beaches by the public. 93N82889.830.ak 08.11-93 5 Blowout - A breach in the dunes caused by wind erosion. Breach - A break or gap in the continuity of a dune caused by wind or water. Bulkhead - A structure or partition built to retain or prevent the sliding of land. A secondary purpose is to protect the upland against damage from wave action. City Council - the City Council of the City of Corpus Christi, Texas. Coastal and shore protection project - A project designed to slow shoreline erosion or enhance shoreline stabilization, including, but not limited to, erosion response structures, beach nourishment, sediment bypassing, construction of man-made vegetated mounds, and dune revegetation. Commercial facility - Any structure used for providing, distributing, and selling goods or services in commerce including, but not limited to, hotels, restaurants, bars, rental operations, and rental properties. Commission - City of Corpus Christi Planning Commission. Concurrent Beach/Dune Committee - City of Corpus Christi Planning Commission. Construction - Causing or carrying out any building, bulkheading, filling, clearing, excavation, or substantial improvement to land or the size of any structure. "Building" includes, but is not limited to, all related site work and placement of construction materials on the site. "Filling" includes, but is not limited to, disposal of dredged materials. "Excavation" includes, but is not limited to, removal or alteration of dunes and dune vegetation and scraping, grading, or dredging a site. "Substantial improvements to land or the size of any structure" include, but are not limited to, creation of vehicular or pedestrian trails, landscape work that adversely affects dunes or dune vegetation, and increasing the size of any structure. Coppice mounds - The initial stages of dune growth formed as sand accumulates on the downwind side of plants and other obstructions on or immediately adjacent to the beach seaward of the foredunes. Coppice mounds may be unvegetated. County - Nueces or Kleberg County, Texas, depending on context. Critical dune areas - Those portions of the beach/dune system as designated by the General Land Office that are located within 1,000 feet of mean high tide of the Gulf of Mexico that contain dunes and dune complexes that are essential to the protection of public beaches, submerged land, and state-owned land, such as public roads and coastal public lands, from nuisance, erosion, storm surge, and high wind and waves. Critical dune areas include, but 93NH2889.B30.ak 08-11-93 6 are not limited to, the dunes that store sand in the beach/dune system to replenish eroding public beaches. Cumulative impact - The effect on beach use and access, on a critical dune area, or an area seaward of the dune protection line which results from the incremental effect of an action when added to other past, present, and reasonably foreseeable future actions regardless of what agency or person undertakes such other actions. Cumulative effects can result from individually minor but collectively significant actions taking place over a period of time. Dedication - Includes but is not limited to, a permanent easement or a fee simple donation. Department - The Department of Planning and Development of the City of Corpus Christi, Texas. Dune - An emergent mound, hill, or ridge of sand, either bare or vegetated, located on land bordering the waters of the Gulf of Mexico. Dunes are naturally formed by the windward transport of sediment, but can also be created via man-made vegetated mounds. Natural dunes are usually found adjacent to the uppermost limit of wave action and are marked by an abrupt change in slope landward of the dry beach. The term includes coppice mounds, foredunes, dunes comprising the foredune ridge, backdunes, swales, and man-made vegetated mounds. Dune complex - Any emergent area adjacent to the waters of the Gulf of Mexico in which several types of dunes are found or in which dunes have been established by proper management of the area. In some portions of the Texas coast, dune complexes contain depressions known as swales. Dune Protection Act - Texas Natural Resources Code, Sec. 63.001, et seq. Dune protection and beach access plan or plan- - The City of Corpus Christi's legally enforceable program, policies, and procedures for protecting dunes and dune vegetation and for preserving and enhancing use of and access to and from public beaches, as required by the Dune Protection Act and the Open Beaches Act. Dune protection line - A line established by a county commissioner's court or the governing body of a municipality for the purpose of preserving, at a minimum, all critical dune areas identified by the General Land Office pursuant to the Dune Protection Act, Sec. 63.011, and Sec. 15.3(f) of this title (relating to Administration). The City is not authorized to establish a dune protection line unless the authority to do so has been delegated to the City by the county in which the City and its extraterritorial jurisdiction is located. Such lines will be located no farther than 1,000 feet landward of the mean high tide of the Gulf of Mexico. 93NH2889.830.ak 08-11-93 T l 7 Dune protection permit or permit - The document issued by the City to authorize construction or other regulated activities in a specified location seaward of a dune protection line or within a critical dune area, as provided in the Texas Natural Resources Code, Sec. 63.051. Dune vegetation - Flora indigenous to natural dune complexes on the Texas coast and can include coastal grasses and herbaceous and woody plants. Effect or effects - "Effects" include: direct effects - those impacts on public beach use and access, on critical dune areas, or on dunes and dune vegetation seaward of a dune protection line which are caused by the action and occur at the same time and place; and indirect effects - those impacts on beach use and access, on critical dune areas, or on dunes and dune vegetation seaward of a dune protection line which are caused by an action and are later in time or farther removed in distance than a direct effect, but are still reasonably foreseeable. Indirect effects may include growth inducing effects and other effects related to induced changes in the pattern of land use, population density, or growth rate, and related effects on air and water and other natural systems, including ecosystems. "Effects" and "impacts" as used in these regulations are synonymous. "Effects" may be ecological (such as the effects on natural resources and on the components, structures, and functioning of affected ecosystems), aesthetic, historic, cultural, economic, social, or health, whether direct, indirect, or cumulative. Eroding Area Boundary - An imaginary line projected into the future for a period of 50 years based on annual historical erosion rates determined by the University of Texas Bureau of Economic Geology for the period between 1882 and 1974. Erosion - The wearing away of land or the removal of beach and/or dune sediments by wave action, tidal currents, wave currents, drainage, or wind. Erosion includes, but is not limited to, horizontal recession and scour and can be induced or aggravated by human activities. - Erosion response structure - A hard or rigid structure built for shoreline stabilization which includes, but is not limited to, a jetty, retaining wall, groin, breakwater, bulkhead, seawall, riprap, rubble mound, revetment, or the foundation of a structure which is the functional equivalent of these specified structures. FEMA - The United States Federal Emergency Management Agency. This agency administers the National Flood Insurance Program and publishes the official flood insurance rate maps. Foredunes - The first clearly distinguishable, usually vegetated, stabilized large dunes encountered landward of the Gulf of Mexico. On some portions of the Texas Gulf Coast, 93P812889.B30.ak 08-11-93 8 foredunes may also be large, unvegetated, and unstabilized. Although they may be large and continuous, foredunes are typically hummocky and discontinuous and may be interrupted by breaks and washover areas. Foredunes offer the first significant means of dissipating storm -generated wave and current energy issuing from the Gulf of Mexico. Because various heights and configurations of dunes may perform this function, no standardized physical description applies. Foredunes are distinguishable from surrounding dune types by their relative location and physical appearance. Foredune ridge - The high continuous line of dunes which are usually well vegetated and rise sharply landward of the foredune area but may also rise directly from a flat, wave -cut beach immediately after a storm. Habitable structures - Structures suitable for human habitation including, but not limited to, single or multi -family residences, hotels, condominium buildings, and buildings for commercial purposes. Each building of a condominium regime is considered a separate habitable structure, but if a building is divided into apartments, then the entire building, not the individual apartments, is considered a single habitable structure. Additionally, a habitable structure includes porches, gazebos, and other attached improvements. Industrial facilities - Include, but are not limited to, those establishments listed in Part 1, Division D, Major Groups 20-39 and Part 1, Division E, Major Group 49 of the Standard Industrial Classification Manual as adopted by the Executive Office of the President, Office of Management and Budget (1987 ed.). However, for the purposes of these regulations, the establishments listed in Part 1, Division D, Major Group 20, Industry Group Number 209, Industry Numbers 2091 and 2092 are not considered "industrial facilities." These establishments are listed in Appendix I attached to these regulations. Local government - A municipality, county, any special purpose district, any unit of government, or any other political subdivision of the state. Main -traveled roadway - That portion of the public beach in the street right-of-way, between a point 50 feet from the water's edge and the vegetation line, as herein defined, ordinarily used by the majority of vehicles for vehicular traffic at the time and place in question, unless otherwise defined by traffic control devices. Man-made vegetated mound - A mound, hill, or ridge of sand created by the deliberate placement of sand or sand trapping devices including sand fences, trees, or brush and planted with dune vegetation. Mitigation sequence - The series of steps which must be taken if dunes and dune vegetation will be adversely affected. First, such adverse effects shall be avoided. Second, adverse effects shall be minimized. Third, the dunes and dune vegetation adversely affected shall 93NH2889.830.ak 08-11-93 9 be repaired, restored, or replaced. Fourth, the dunes and dune vegetation adversely affected shall be replaced or substituted to compensate for the adverse effects. Motor vehicle or vehicle - A vehicle as defined by the Texas Uniform Traffic Act, Art. 6701d, Texas Revised Civil Statutes Annotated. National Flood Insurance Act - 42 United States Code, Secs. 4001, et seq. Natural resources - Land, fish, wildlife, insects, biota, air, surface water, groundwater, plants, trees, habitat of flora and fauna, and other such resources. Open Beaches Act - Texas Natural Resources Code, Secs. 61.001, et seq. Owner or operator - Any person owning, operating, or responsible for operating commercial or industrial facilities. Permit or certificate condition - A requirement or restriction in a permit or certificate necessary to assure protection of life, natural resources, property, and adequate beach use and access rights (consistent with the Dune Protection Act) which a permittee must satisfy in order to be in compliance with the permit or certificate. Permittee - Any person authorized to act under a permit or a certificate issued by the City. Person - An individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, the United States Government, the state, a municipality, commission, political subdivision, or any international or interstate body or any other governmental entity. Pipeline - A tube or system of tubes used for the transportation of oil, gas, chemicals, fuels, water, sewerage, or other liquid, semi-liquid, or gaseous substances. Practicable - In determining what is practicable, the city council shall consider the effectiveness, scientific feasibility, and commercial availability of the technology or technique. The city council shall also consider the cost of the technology or technique. Production and gathering facilities - The equipment used to recover and move oil or gas from a well to a main pipeline, or other point of delivery such as a tank battery, and to place such oil or gas into marketable condition. Included are pipelines used as gathering lines, pumps, tanks, separators, compressors, and associated equipment and roads. Public beach - Any beach bordering on the Gulf of Mexico that extends inland from the line of mean low tide to the natural line of vegetation bordering on the seaward shore of the 93NH2889.B30.ak 08-11-93 10 Gulf of Mexico, or such larger contiguous area to which the public has acquired a right of use or easement to or over by prescription, dedication, or estoppel, or has retained a right by virtue of continuous right in the public since time immemorial as recognized by law or custom. Recreational activity - Includes, but is not limited to, hiking, sunbathing, and camping for less than 21 days. For purposes of permits, recreational activities are limited to the private activities of the person owning the land and the social guests of the owner. Operation of recreational vehicles is not considered a recreational activity, whether private or public. Recreational vehicle - A dune buggy, marsh buggy, minibike, trail bike, jeep, or any other mechanized vehicle used for recreational purposes. Restoration - The process of constructing man-made vegetated mounds, repairing damaged dunes, or vegetating existing dunes. Retaining wall - A structure designed primarily to contain material and to prevent the sliding of land. Sand budget - The amount of all sources of sediment, sediment traps, and transport of sediment within a defined area. From the sand budget, it is possible to determine whether sediment gains and losses are in balance. Seawall - An erosion response structure that is specifically designed to withstand wave forces. Seawall Dependence Area - the area between the toe of the Gulf Beach seawall and the projected 50 -year erosion line. Seaward of a dune protection line - The area between a dune protection line and the line of mean high tide. Street - The entire width between the boundary line of the street right-of-way which is open to the use of the public for purposes of vehicular travel. Street right-of-way - Means roadways and the public beach. Structure - Includes, without limitation, any building or combination of related components constructed in an ordered scheme that constitutes a work or improvement constructed on or affixed to land. Swales - Low areas within a dune complex located in some portions of the Texas coast 93N82889.B30.ak 08-11-93 11 which function as natural rainwater collection areas and are an integral part of the dune complex. Vegetation line - The extreme seaward boundary of natural vegetation which spreads continuously inland typically used to determine the landward extent of the public beach. Where there is no natural vegetation line, the landward extent of the public beach may be determined as provided by Sec. 61.016 and Sec. 61.017, Texas Natural Resources Code. Washover areas - Low areas that are adjacent to beaches and are inundated by waves and storm tides from the Gulf of Mexico. Washovers may be found in abandoned tidal channels or where foredunes are poorly developed or breached by storm tides and wind erosion. Sec. 2-10. Reserved. ARTICLE II. ADMINISTRATION. Sec.10-11. Adoption, Compliance, and Amendment. A. These regulations is adopted pursuant to the authority granted local governments under the Open Beaches Act, Chapter 61, Texas Natural Resources Code , the Dune Protection Act, Chapter 63, Texas Natural Resources Code, Subchapter I of Chapter 16, Texas Water Code, V.T.C.A. Local Government Code, Chapters 211 and 212, V.T.C.S art. 6701d (Motor Vehicles), the City of Corpus Christi's Comprehensive Plan and Flood Protection Program and other statutes of general applicability. B. All persons shall comply with these regulations in authorizing or undertaking any activity affecting dunes seaward of the dune protection line or any activity affecting public use of the public beach or any activity affecting public access to and from the public beach. Sec. 10-12. Areas Exempt. A. These regulations applies to all private and public land within the city's corporate limits and extraterritorial jurisdiction that lies seaward of the Dune Protection Line and the Beachfront Construction Line except state or national parks, wildlife refuges, preserves, or similar state or federal areas. B. Other than state or national parks, wildlife refuges, preserves, and similar areas, these regulations applies to land owned by state agencies, subject to the provisions of the Texas Natural Resources Code, Sec. 31.161 et seq. Sec. 10-13. Dune Protection Line & Beachfront Construction Line. 93NH2889.830.ak 08-11-93 12 A. The following line is hereby established as the dune protection line for the purpose of protecting critical dune areas: A line running parallel to the beach 1,000 feet landward of mean high tide, except in the area landward of the seawall in Tracts 2 and 5, Padre Island, Section A. The areas landward of the concrete and wooden seawalls are specifically exempted from the requirements of the dune protection regulations. B. The following line is hereby established as the beachfront construction line for the purpose of delineating areas in which construction is likely to affect beach access and use: A line running parallel to the beach either 1,000 feet landward of mean high tide, or along the seaward boundary of the right-of-way of the first public road generally parallel to the beach or any closer road not parallel to the beach, whichever is greater, or along the seaward shore of Packery Channel or 1,000 feet landward of mean high tide, whichever is greater. C. The dune protection line is depicted on the attached map attached to these regulations as Appendix II. The beachfront construction line is depicted on the map attached to these regulations as Appendix III. D. The location of the dune protection line and beachfront construction line shall be reviewed by the Concurrent Beach/Dune Committee (Sec. 10-17) at least once every five years to determine whether the lines are adequately located to achieve their stated purposes. In addition, the adequacy of the location of the lines shall be reviewed by the Committee within 90 days after a tropical storm or hurricane affects the portion of the coast lying within the City's jurisdiction and the lines may be adjusted whenever necessary to achieve the purposes of these regulations. E. Should the Concurrent Beach/Dune Committee determine that either the dune protection or beachfront construction line should be adjusted, the Committee shall hold a public hearing to consider adjustments to the lines no sooner than 15 days after public notice in the newspaper with the largest circulation in the county. The Committee shall forward its recommendation and reasons for the recommended adjustment to the City of Corpus Christi City Council. Subsequent to receiving the Committee's recommendation, the City Council shall hold a public hearing to consider the modifications. Not less than one week nor more than three weeks before the date of the hearing, the city will publish notice of the hearing at least three times in the newspaper with the largest circulation in the county. Written notice will be given the General Land Office in writing no less than one week nor more than three weeks before the date of the hearing. The notice to the General Land Office shall include a map or drawing of the proposed line, a written description of 93NH2889.830.ak 08-11-93 13 the line, or both (including Texas State Plane Coordinates). Sec. 10-14. Alteration of Dunes Prohibited Without Permit. A. No person may damage, destroy, or remove a sand dune or a portion of a sand dune seaward of the dune protection line, or kill, destroy, or remove in any manner any vegetation growing on a sand dune seaward of the dune protection line, unless the Concurrent Beach/Dune Committee properly issues a dune protection permit authorizing the conduct. B. The following activities are exempt from the requirement for a permit, but may nevertheless require a beachfront construction certificate or a permit pursuant to other city ordinances: 1. exploration for and production of oil and gas and reasonable and necessary activities directly related to such exploration and production, including construction and maintenance of production and gathering facilities seaward of the dune protection line which serve wells located outside the dune protection line, provided that such facilities are located no farther than two miles from the well being served; 2. grazing livestock and reasonable and necessary activities directly related to grazing; and 3. recreational activities other than operation of a recreational vehicle. Sec. 10:15. Construction Affecting Beach Access Prohibited Without Certificate. No person shall cause, engage in, or allow construction landward of and adjacent to a public beach within the area seaward of the beachfront construction line in a manner that will or is likely to adversely affect public access to -and use of the public beach, unless the Concurrent Beach/Dune Committee properly issues a beachfront construction certificate authorizing the conduct. Construction not affecting public beach access and use may nevertheless require a dune protection permit or a permit pursuant to other city ordinances. Sec. 10-16. Master Planned Developments. A. "Master planned development" means proposed development for which approval is requested by submission of a comprehensive plan containing maps, drawings, narrative, tables, and other information about the proposed use of specific land and/or water including descriptions of uses and use intensities, building and/or site improvement locations and sizes, relationships between buildings and improvements, vehicular and pedestrian access and circulation systems, parking, utility systems, stormwater management and treatment 93NH2889.B30.ak 08-11-93 14 systems, geography, geology, impact assessments, regulatory -approved checklist, and phasing. Information in the master plan may be conceptual or detailed depending on the status of its regulatory approval. B. Master planned development is authorized within the City's incorporated area and E.T.J. Master planned developments will be authorized in accordance with the City's Zoning and Platting Ordinances, the Open Beaches Act, Chapter 61, Texas Natural Resources Code, the Dune Protection Act, Chapter 63, Texas Natural Resources Code, and Subchapter I of Chapter 16, Texas Water Code. Master planned developments are approved by City Council ordinance. C. Applications for master planned development ordinances shall be submitted to the Department of Planning and Development. Minimum application requirements are the same as those required for permit and certificate applications (Section 15.3.s.4 of the General Land Office Rules for Management of the Beach/Dune System, 31 TAC §§ 15.1-15.10). Within 3 working days, the Department shall review the application for completeness. Any additional information needed to complete the application shall be provided by the applicant before the Department forwards the application to the General Land Office and the Attorney General's Office. Once the Department determines that the application is complete, it shall so advise the applicant and notify the applicant of the scheduled Planning Commission meeting. Within 3 days of determining that the application is complete the Department shall forward the completed application to the General Land Office and the Attorney General's Office for review. Within 5 working days of receiving the state's comments, the Department shall forward copies of the completed application, the state's comments, and City staff's recommendation to the Planning Commission. The application will be scheduled at the next available regularly scheduled Planning Commission meeting (5 to 10 working days). The Planning Commission shall submit its recommendation on the application to the City Council. Within 15 to 20 working days the City Council shall approve or deny the application for master planned development ordinance, unless additional information is requested by the City Council. A flow chart of this application process is illustrated in Appendix IV. Within 3 working days, the Department shall notify the General Land Office and the Attorney General's Office of the City Council's action on the proposed master planned development application including conditions. The General Land Office and Attorney General's Office will approve or deny the master planned development within 10 working days of receipt of the ordinance. D. When acting on a request for approval of a master planned development, the Planning Commission and the City Council will consider: 1. the development's potential effects on dunes, dune vegetation, public beach 93NH2889.830.ak 08-11-93 15 use and access, and the applicant's proposal to mitigate for such effects throughout the construction; 2. the contents of the plan; and 3. whether any component of the development, such as installation of roads or utilities, or construction of structures seaward of a dune protection line, will subsequently require a permit or a certificate. E. An individual permit and/or certificate is not required, for individual lots or parcels within approved master planned developments after adoption of master planned developments, provided the individual development complies with the adopted master planned development. F. If the master planned development does not comply with the requirements of these regulations, the application shall not be approved. Sec. 10-17. Concurrent Beach/Dune Committee. The Concurrent Beach/Dune Committee is the City of Corpus Christi Planning Commission. Sec. 10-18. Application Process. A. Prior to submission of any dune protection or beachfront construction certificate application, the applicant is encouraged to confer with the Department of Planning and Development Staff on an informal basis to discuss the proposed application and its conformity with the Comprehensive Plan, the Dune Protection and Beach Access Plan, Dune Protection and Beach Access Regulations, state law and regulations, and the application's relationship to surrounding property, streets, drainageways, existing and proposed utilities, etc. B. If proposed construction or use requires a permit or certificate, an application shall be submitted by the person proposing to conduct an activity for which a permit or certificate is required to the Department. Within 3 working days, the Department shall review the application for completeness. Any additional information needed to complete the application shall be provided by the applicant before the Department forwards the application to the General Land Office and the Attorney General's Office. Once the Department determines that the application is complete, it shall so advise the applicant and schedule the Beach/Dune Committee meeting. Within 3 days of determining that the application is complete the Department shall forward the completed application and the preliminary report to the General Land Office and the Attorney General's Office for review. 93NH2889.B30.ak 08-11-93 16 Within 5 working days of receiving the state's comments, the Department shall forward copies of the completed application, the state's comments, and City staff's recommendation to the Committee. Within 5 working days of receiving the completed application, the Concurrent Beach/Dune Committee shall approve or deny the application, unless additional information is requested by the Committee. A flow chart of this application process is illustrated in Appendix V. Within 3 working days, the Department shall notify the applicant whether the permit or certificate was approved or denied and what conditions, if any, were required by the Committee. Sec. 10-19. Contents of Applications. A. "Large-scale construction" means construction activity greater than 5,000 square feet in area and habitable structures greater than two stories in height. Multiple -family habitable structures are typical of this type of construction. B. "Small-scale construction" means construction activity less than or equal to 5,000 square feet and habitable structures less than or equal to two stories in height. Single-family habitable structures are typical of this type of construction. C. For all proposed construction (large- and small-scale), applicants shall submit 10 copies of the application with the following items and information. This information shall be submitted with the application before the application is considered submitted for approval. Standard permit and certificate application forms may be obtained from the Department of Planning and Development. Incomplete applications shall be returned to the applicant without action by the Committee. 1. the name, address, phone number, and, if applicable, fax number of the applicant, and the name of the property owner, 4f -different from the applicant; 2. a complete legal description of the tract and a statement of its size in acres or square feet; 3. the number of proposed structures and whether the structures are amenities or habitable structures; 4. the number of parking spaces; 5. the approximate percentage of existing and finished open spaces (those areas completely free of structures); 93NH2889.830.ak 08-11-93 7 r 17 6. the floor plan and elevation view of the structure proposed to be constructed or expanded; 7. the approximate duration of the construction; 8. a description (including location) of any existing or proposed walkways or dune walkovers on the tract; 9. a grading and layout plan identifying all elevations (in reference to the National Oceanic and Atmospheric Administration datum), existing contours of the project area (including the location of dunes and swales), and proposed contours for the final grade; 10. photographs of the site which clearly show the current location of the vegetation line and the existing dunes on the tract; 11. the effects of the proposed activity on the beach/dune system which cannot be avoided should the proposed activity be permitted, including, but not limited to, damage to dune vegetation, alteration of dune size and shape, and changes in dune hydrology; 12. a comprehensive mitigation plan which includes a detailed description of the methods which will be used to avoid, minimize, mitigate and/or compensate for any adverse effects on dunes or dune vegetation; 13. proof of financial capability to mitigate or compensate for adverse effects on dunes and dune vegetation (i.e., an irrevocable letter of credit or a performance bond) or, to fund eventual relocation or demolition of structures (i.e., as through proof of Upton - Jones coverage in the National Flood Insurance Program); and 14. an accurate map or plat of the site identifying: a. the site by its legal description, including, where applicable, the subdivision, block, and lot; b. the location of the property lines and a notation of the legal description of adjoining tracts; c. the location of the structures, the footprint or perimeter of the proposed construction on the tract; d. proposed roadways and driveways and proposed landscaping activities on the tract; 93NH2889.830.ak 08-11-93 T i 18 e. the location of any seawalls or any other erosion response structures on the tract and on the properties immediately adjacent to the tract; and f. if known, the location and extent of any man-made vegetated mounds, restored dunes, fill activities, or any other pre-existing human modifications on the tract. D. For all proposed large-scale construction, applicants shall submit the following additional items and information: 1. if the tract is located in a subdivision and the applicant is the owner or developer of the subdivision, a certified copy of the recorded plat of the subdivision, or, if not a recorded subdivision, a preliminary plat of the subdivision certified by a licensed surveyor, and a statement of the total area of the subdivision in acres or square feet; 2. in the case of multiple -unit dwellings, the number of units proposed; 3. alternatives to the proposed location of construction on the tract or to the proposed methods of construction which would cause fewer or no adverse effects on dunes and dune vegetation or Less impairment of beach access; and 4. the proposed activity's impact on the natural drainage pattern of the site and the adjacent lots. E. For all proposed construction (large- and small-scale), if applicants already have the following items and information, local governments shall require them to be submitted in addition to the other information required: 1. a copy of a site plan of the proposed construction; 2. a copy of a topographical survey of the site; 3. the most recent local historical erosion rate data (as determined by the University of Texas at Austin, Bureau of Economic Geology) and the activity's potential impact on coastal erosion; and 4. a copy of the FEMA "Elevation Certificate." F. For all proposed construction (large- and small-scale), the Department of Planning and Development shall provide to the state the following information with applications for permits and certificates: 93NH2889.830.ak 08-11-93 1 r 19 1. a copy of the community's most recent flood insurance rate map identifying the site of the proposed construction; 2. a preliminary determination as to whether the proposed construction complies with all aspects of the local government's dune protection and beach access plan; 3. the activity's potential impact on the community's natural flood protection and protection from storm surge; and 4. how the proposed beachfront construction complies with and promotes the local government's beach access policies and requirements, particularly, the dune protection and beach access plan's provisions relating to public beach ingress/egress, off -beach parking, and avoidance of reduction in the size of the public beach due to erosion. Sec. 10-20. State Agency Comments. The Department of Planning and Development shall forward the complete application, including any associated materials, to the General Land Office and the Attorney General's Office. The Concurrent Beach/Dune Committee may not act on the application until 10 working days after receipt by the state agencies. Thereafter, the permit or certificate may be issued or denied regardless of whether the state agencies submit comments on the application. Sec. 10-21. Issuance or Denial of Permit/Certificate. A. To determine whether to issue or deny a permit or certificate, the Concurrent Beach/Dune Committee shall review and consider: 1. the information in the permit or certificate application; 2. the proposed activity's consistency with these regulations; 3. any other law relevant to dune protection and public beach use and access which affects the activity under review; 4. the comments of the City of Corpus Christi staff, the General Land Office, and the Attorney General's Office; 5. with respect to dunes and dune vegetation and dune permits and beach access and beachfront construction certificates: 93NH2889.B30.ak 08-11-93 T r a. cumulative and indirect effects of the proposed construction on all 20 dunes and dune vegetation seaward of a dune protection line; b. cumulative and indirect effects of other activities on dunes and dune vegetation located on the proposed construction site; c. the pre -construction type, height, width, slope, volume, and continuity of the dunes, the pre -construction condition of the dunes, the type of dune vegetation, and percent of vegetative cover on the site; d. the local historical erosion rate as determined by the University of Texas at Austin, Bureau of Economic Geology, and whether the proposed construction may alter dunes and dune vegetation in a manner that may aggravate erosion; e. all practicable alternatives to the proposed activity, proposed site, or proposed methods of construction; f. the applicant's mitigation plan for any unavoidable adverse effects on dunes and dune vegetation and the effectiveness, feasibility, and desirability of any proposed dune reconstruction and revegetation; property; g. the impacts on the natural drainage patterns of the site and adjacent h. any significant environmental features of the potentially affected dunes and dune vegetation such as their value and function as floral or faunal habitat or any other benefits the dunes and dune vegetation provide to other natural resources; i. wind and storm patterns including a history of washover patterns; j. location of the site on the -flood insurance rate map; k. success rates of dune stabilization projects in the area; and 6. any other information the Concurrent Beach/Dune Committee considers useful, including resource information made available to them by federal and state natural resource entities. B. A permit or certificate that is inconsistent with these regulations, General Land Office rules for Management of the Beach/Dune System (31 TEXAS ADMINISTRATIVE CODE Sec. 15.1-15.10), the Open Beaches Act (Chapter 61, Texas Natural Resources Code), the Dune Protection Act (Chapter 63, Texas Natural Resources Code), and other state, local, and federal laws related to the requirements of the Dune Protection Act and 93W82889.B30.ak 08-11-93 21 the Open Beaches Act, the requirements of which are incorporated into these regulations by reference, shall not be issued. Sec. 10-22. Terms and Renewal of Permits/Certificates. A. Permits or certificates shall be valid for three years from the date of issuance. B. The Concurrent Beach/Dune Committee may renew a permit or certificate for a period not exceeding 90 days if the activity as proposed in the application for renewal complies with these regulations and the permittee supplements the original application materials with additional information indicating any changes to the activity or information. Only two renewals shall be issued for each permit or certificate. Thereafter, the permittee must apply for a new permit or certificate. C. If the proposed construction is changed in any manner which causes or increases adverse effects on dunes, dune vegetation, and public beach use and access, the permittee shall not be eligible for a renewal but must apply for a new permit or certificate. Sec. 10-23. Termination of Permits/Certificates. A. The Concurrent Beach/Dune Committee may void a permit or certificate if: 1. The permit or certificate is inconsistent with this subchapter or the local government's plan at the time the permit or certificate was issued. 2. A material change occurs after the permit or certificate is issued; or 3. A permittee fails to disclose any material fact in the application. B. "Material change" includes, in the opinion of the Committee, human or natural conditions which have adversely affected dunes, dune vegetation, or beach access and use that either did not exist at the time of the original application, or were not considered by the Committee in making the permitting decision because the permittee did not provide information regarding the site condition in the original application. C. A permit or certificate automatically terminates if construction comes to lie within the boundaries of the public beach by artificial means or by natural causes. Sec. 10-24. Administrative Record. A. The Department of Planning and Development shall compile and maintain an administrative record which demonstrates the basis for each final decision regarding issuance 931812889.B30.ak 08-11-93 22 or denial of a permit or certificate. The administrative record shall include copies of the following: 1. all materials received from the applicant as part of or regarding the permit or certificate application; 2. the transcripts, if any, or the minutes and/or tape of all meetings during which the permit or certificate was considered; and 3. all comments received regarding the permit or certificate. B. The Department shall keep the administrative record for three years from the date of a final decision on a permit or certificate. The Department shall send to the General Land Office or the Attorney General's Office, upon request by either agency, a copy of those portions of the administrative record that were not originally sent to those agencies for review and comment. The Department shall provide to the permittee upon request copies of any materials in the administrative record regarding the permit or certificate not submitted to the Department by the permittee in the application. Sec. 25. Reserved. ARTICLE III. REQUIREMENTS FOR DUNE PROTECTION PERMITS. Sec. 10-26. Required Findings. Before issuing a permit, the Concurrent Beach/Dune Committee must find that: A. the proposed activity is not a prohibited activity as defined in Sec. 10-27 of this Article (Prohibited Activities); B. the proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the dune protection line based on substantive findings under Sec. 10- 28 of this Article (Material Weakening); C. there are no practicable alternatives to the proposed activity and adverse effects cannot be avoided as provided in Sec. 10-29 of this Article (Mitigation of Other Adverse Effects); D. the applicant's mitigation plan will adequately minimize, mitigate, and/or compensate for any unavoidable adverse effects, as provided in Sec. 10-29 of this Article (Mitigation of Other Adverse Effects); and 93NH2889.B30.ak 08-11-93 23 E. the proposed activity complies with any applicable requirements of Article IV (Requirements for Beachfront Construction Certificates), Article V (Concurrent Requirements for Both Dune Protection Permits and Beachfront Construction Certificates), and Article VI (Management of the Public Beach) of these regulations. Sec. 10-27. Prohibited Activities. Permits authorizing the following actions seaward of the dune protection line shall not be issued: A. activities that are likely to result in the temporary or permanent removal of sand from the portion of the beach/dune system located on or adjacent to the construction site, including: 1. moving sand to a location landward of the dune protection line; and 2. temporarily or permanently moving sand off the site, except for purposes of permitted mitigation, compensation, or an approved dune restoration or beach nourishment project and then only from areas where the historical accretion rate is greater than one foot per year, and the project does not cause any adverse effects on the sediment budget; B. depositing sand, soil, sediment, or dredged spoil which contains any of the toxic materials listed in Title 40 of the Code of Federal Regulations, Section 302.4, in concentrations which are harmful to people, flora, and fauna as determined by applicable, relevant, and appropriate requirements for toxicity standards established by the Local, state, and federal governments; C. depositing sand, soil, sediment, or dredged spoil which is of an unacceptable mineralogy or grain size when compared to the sediments found on the site (this prohibition does not apply to materials related to the installation or maintenance of public beach access roads running generally perpendicular to the public beach); D. creating dredged spoil disposal sites, such as levees and weirs, without the appropriate local, state, and federal permits; E. constructing or operating industrial facilities not in full compliance with all relevant laws and permitting requirements prior to the effective date of these regulations; F. operating recreational vehicles; G. mining dunes; 93NH2889.B30.ak 08-11-93 24 H. constructing concrete slabs or other impervious surfaces within 200 feet landward of the natural vegetation line, except for such a surface that (1) supports and does not extend beyond the perimeter of a habitable structure elevated on pilings, provided no walls are erected that prohibit the natural transfer of sand, or (2) does not exceed 5% of the footprint of the permitted habitable structure it serves; I. depositing trash, waste, or debris including inert materials such as concrete, stone, and bricks that are not part of the permitted on-site construction; J. constructing cisterns, septic tanks, and septic fields seaward of any structure serviced by the cisterns, septic tanks, and septic fields; and K. detonating bombs or explosives. Sec. 10-28. No Material Weakening. The Concurrent Beach/Dune Committee may issue a permit only if it finds as a fact, after a full investigation, that the particular conduct proposed will not materially weaken any dune or materially damage dune vegetation or reduce the effectiveness of any dune as a means of protection against erosion and high wind and water. In making the finding as to whether such material weakening or damage will occur, the Committee shall will use the following technical standards. Failure to meet any one of these standards will result in a denial of the application: A. the activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property; B. the activity will not result in runoff or drainage patterns that aggravate erosion on or off the site; C. the activity will not result in significant changes to the natural permeability of a dune or its ability to transmit rainwater to the water table; D. the activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation; and E. the activity will not significantly increase the potential for washovers or blowouts to occur. Sec. 10-29. Mitigation of Other Adverse Effects. A. If the Committee finds that no material weakening of dunes or material damage 93N82889.B30.ak 08-11-93 7 25 to dunes will occur, the Committee shall then determine whether any other adverse effects will result from the activity. If the Committee finds there will be other adverse effects on dunes or dune vegetation seaward of the dune protection line or in critical dune areas, the Committee may issue a permit only if the applicant demonstrates that adverse effects can be mitigated as required by the mitigation sequence. If the Committee issues a permit, it shall include appropriate permit conditions incorporating the requirements of this Article. B. The mitigation sequence consists of the following requirements. 1. Avoidance. a. Avoidance means avoiding adverse effects altogether by not taking a certain action or parts of an action. A permit shall not be issued allowing any adverse effects on dunes or dune vegetation seaward of the dune protection line unless the applicant proves there is no practicable alternative to the proposed activity, proposed site, or proposed methods for conducting the activity that has fewer adverse effects on dunes and dune vegetation than the proposed activity. b. To avoid adverse effects on dunes and dune vegetation seaward of the dune protection line as required by Subdivision (B)(1)(a) of this Article, permittees shall not: i) construct non-exempt pipelines seaward of the dune protection line unless there is no practicable alternative; ii) engage in any construction unless it is located as far landward of dunes as practicable, except construction providing access to and from a public beach; iii) construct any road parallel to the beach within 200 feet landward of the vegetation line, nor construct any other road parallel to the beach unless it is located as far landward of dunes as practicable; iv) construct new artificial channels, including stormwater runoff channels, unless there is no practicable alternative; or v) cause any such adverse effects for which the Committee determines there is a practicable alternative that would have fewer such adverse effects. 2. Minimization. a. Minimization means minimizing effects on dunes and dune vegetation by limiting the degree or magnitude of the action and its implementation. Permittees shall minimize adverse impacts to dunes and dune vegetation by limiting the degree or magnitude of the action and its implementation. If the Committee determines that adverse effects on dunes or dune vegetation seaward of the dune protection line cannot 93NH2889.B30.ak 08-11-93 1 7 i 26 be avoided, it may issue a permit allowing the proposed alteration, provided that the permit contains a condition requiring the permittee to minimize such adverse effects to the greatest extent practicable. b. To minimize unavoidable adverse effects as required by Subdivision (B)(2)(a) of this Article, permittees shall: i) locate pipelines across previously disturbed areas, such as blowout areas, and minimize disturbance of dune surfaces where use of previously disturbed areas is not practicable; ii) minimize construction and pedestrian traffic on or across dune areas to the greatest extent practicable, accounting for trends of dune movement and beach erosion in that area; iii) route all pedestrian access to and from beaches through washover areas or over elevated walkways, and conspicuously mark all such access that is public with permanent signs so indicating; iv) minimize the number of private access ways from any proposed subdivision, multiple dwelling, or commercial facility. In some cases, the minimum beach access may be only one access way. In determining the appropriate grouping of access ways, the Committee shall consider the size and scope of the development; v) post signs in areas where pedestrian traffic is high explaining the functions of dunes and the importance of vegetation in preserving dunes; vi) where practicable, provide vehicular access to and from beaches by using existing roads or from roads constructed in accordance with Subdivision (B)(1)(b)(iii) of this section, unless public beach access is restricted, and where possible, improve existing access roads with elevated berms near the beach that prevent channelization of floodwaters; vii) where practicable, locate new beach access roads in washover areas, blowout areas or other areas where dune vegetation has already been disturbed, construct such roads along the natural land contours, and minimize their width; viii) where practicable, locate new beach access roads at an oblique angle to the prevailing wind direction; ix) prohibit persons from using or parking any motor vehicle on, through, or across dunes outside designated access ways; 938H2889.B30.ak 08-11-93 27 x) maximize use of natural or existing drainage patterns when providing for stormwater runoff and retention; and xi) locate and construct new artificial stormwater runoff channels and retention basins so as to avoid erosion and unnecessary construction of additional channels and to direct all runoff inland and not to the Gulf of Mexico through dune areas where practicable. 3. Mitigation. a. Mitigation means repairing, rehabilitating, or restoring affected adverse on dunes d dune vegetation nt be and dune vegeminimized, theWCommittee shall set appropriate permit conditions can not g avoided tt minimized, requiring that permittees repair, rehabilitate, or restore affected dunes to the same volume as the pre-existing dunes and dune vegetation so that affected dunes will be superior or equal to r1eiti dunes protect cent public property the mPonl flood damage, nuisance, and erosion and to proect natural resources. b. Permittees may mitigate adverse effects on dunes using vegetative or mechanical means. Permittees shall: i) restore dunes to approximate the naturally formed dune position or location, contour, volume, elevation, vegetative cover, and sediment content in the area; of dunes; ii) allow for the natural dynamics and migration iii) use discontinuous or continuous temporary sand fences or a Committee approved method of dune restoration, where appropriate, considering the characteristics of the site; and - - iv) restore or repair dunes using indigenous vegetation that will achieve the same protective capability as or greater capability than the surrounding natural dunes. c. In authorizing or requiring restoration of dunes, the Committee shall give priority to stabilization of blowouts and breaches rather than washover areas. Before permitting stabilization of washover areas, the Committee shall: i) assess the overall impact of the project on the ii) consider any adverse effects on hydrology and beach/dune system; 9314142889.B30.ak 08-11-93 28 drainage which will result from the project; and iii) require that equal or better public beach access be provided to compensate for impairment of any public beach access previously provided by the washover area. 4. Compensation. a. Compensation means compensating for effects on dunes and dune vegetation by replacing or providing substitute dunes and dune vegetation. Compensation consists of replacement of the affected dunes or dune vegetation on the site where the dunes and dune vegetation were originally located. The Committee shall set appropriate permit conditions requiring permittees to compensate for all adverse effects on dunes and dune vegetation that can not be avoided, minimized, or otherwise mitigated. In setting appropriate conditions, the Committee shall consider the recommendations of the General Land Office, federal and state natural resource agencies, and dune vegetation experts. b. Permittees shall follow the requirements of Subdivisions (3)(b - c) and (4)(e)(iii - v) of this Article when replacing dunes or dune vegetation. c. On-site compensation consists of replacing or restoring the affected dunes or dune vegetation on the site where the dunes and dune vegetation were originally located. Permittees shall locate compensation work on the construction site, where practicable. d. A permittee may locate compensation efforts off the construction site if the permittee demonstrates that: i) on-site compensation is not practicable; ii) the off-site compensation will be located as close to the construction site as practicable; iii) the off-site compensation has achieved a 1:1 ratio of proposed adverse effects on successful, completed, and stabilized restoration prior to beginning construction; and iv) the permittee has notified FEMA, Region 6, of the proposed off-site compensation. e. Permittees shall provide the following information when proposing off-site compensation: 93NH2889.830.ak 08-11-93 7 29 i) the name, address, phone number, and fax number, if applicable, of the owner of the property where the off-site compensation will be located; ii) a legal description of property intended to be used for the proposed off-site compensation; iii) the source of the sand and dune vegetation to be used; iv) all information regarding permits and certificates issued for the restoration of dunes on the compensation site; v) all relevant information regarding the success, current status, and stabilization of the dune restoration efforts on the compensation site; vi) any increase in potential flood damage to the site where the adverse effects on dunes and dune vegetation will occur and to the public and private property adjacent to that site; and vii) the proposed date of initiation of the compensation. f. Permittees shall compensate for adverse effects on dune vegetation by planting indigenous vegetation on the affected dunes. Permittees may not remove existing vegetation from property not owned by the permittee unless the permittee includes in the permit application written permission from the property owner. The permit application must identify the source of any sand and vegetation which will be used in compensation. g. Permittees shall begin compensation prior to or concurrently with the commencement of construction. If compensation is not to be completed prior to commencement of construction, the permittee shall provide proof of financial responsibility in an amount necessary to complete the compensation, in the form of an irrevocable letter of credit, performance bond, or any other instrument acceptable to the City. h. Permittees shall notify the Department of Planning and Development in writing of the actual date of initiation within 10 working days after compensation is initiated. If the permittee fails to begin compensation on the date proposed in the application, the permittee shall state the reason for the delay. The Committee shall take this reason into account when determining whether a permittee has violated the 9310H2889.830.ak 08-11-93 I 30 compensation deadline. i. Permittees shall conduct compensation efforts continuously until the repaired, rehabilitated, and restored dunes and dune vegetation are equal or superior to the pre-existing dunes and dune vegetation. These efforts shall include preservation and maintenance pending completion of compensation. j. A compensation project is deemed complete when the position, contour, volume, elevation, and vegetative cover of the restored dunes are equal or superior to the pre-existing dunes and dune vegetation. k. The Department of Planning and Development shall provide written notification to the General Land Office upon determining that the compensation is complete. If the Department does not receive an objection from the General Land Office regarding the completion of compensation within 30 working days after the General Land Office is notified in writing, the Department may certify to the permittee that the compensation is complete. 1. The permittee shall be deemed to have failed to achieve compensation if a 1:1 ratio has not been achieved within three years after the beginning of compensation efforts. Secs. 30-35. Reserved. ARTICLE IV. REQUIREMENTS FOR BEACHFRONT CONSTRUCTION CERTIFICATES. Sec. 10-36. Required Findings. Before issuing a certificate authorizing proposed construction, the Committee must find that the construction is consistent with these regulations. Construction is inconsistent with these regulations if it: A. reduces the size of the public beach in any manner, except for man-made vegetated mounds and dune walkovers constructed in compliance with the requirements of these regulations; B. functionally supports or is located in the designated Seawall Dependence Area (Appendix III) that depends on or is otherwise related to proposed or existing structures that encroach on the public beach, regardless of whether the encroaching structure is on land that was previously landward of the public beach; 93NH2889.830.ak 08-11-93 31 C. closes any existing public beach access or public parking area, unless equivalent or better public access or public parking is established as required in Sec. 10-37 of this Article (Dedication of Equivalent or Better Access); D. cumulatively or indirectly impairs or adversely affects public use of or access to and from a public beach, including failure to comply with any requirements of Article VI of these regulations (Management of the Public Beach) unless equivalent or better public access or parking is established as required in Sec. 10-37 of this Article (Dedication of Equivalent or Better Access); or E. fails to comply with any requirements of Article III of these regulations (Requirements for Dune Protection Permits) or Article V of these regulations (Concurrent Requirements for Dune Protection Permits and Beachfront Construction Certificates). Sec. 10-37. Dedication of Equivalent or Better Access. A permittee shall dedicate to the public new public beach access or parking areas if the permittee's activities will close any existing public beach access or parking area, will impair or adversely affect public use of or access to and from the beach, or if dedication is necessary to comply with any requirements of Article VI of these regulations. The area dedicated shall provide access or parking equivalent to or better than the access or parking impaired and shall be consistent with the provisions of these regulations regarding beach access and use, vehicular controls, and beach user fees. Dedication shall be by permanent easement or fee simple conveyance. Secs. 38-40. Reserved. ARTICLE V. CONCURRENT REQUIREMENTS FOR BOTH DUNE PROTECTION PERMITS AND BEACHFRONT CONSTRUCTION CERTIFICATES. Sec. 10-41. General Erosion and Flood Protection Requirements. Permittees shall: A. locate all construction as far landward as is practicable; B. not engage in any construction which may aggravate erosion; C. not construct any new erosion response structure, except a retaining wall located greater than 200 feet landward of the line of vegetation; D. not maintain or repair an existing erosion response structure located on the 93NH2889.B30.ak 08-11-93 1 r r 32 public beach, or not maintain or repair an existing erosion response structure located less than 200 feet landward of the vegetation line that is more than 50% damaged, except: 1. when failure to repair the damaged structure will cause unreasonable hazard to a public building, public road, public water supply, public sewer system, or other public facility immediately landward of the structure; or 2. when failure to repair the damaged structure will cause unreasonable flood hazard to habitable structures because adjacent erosion response structures will channel floodwaters to the habitable structure; E. not enlarge or improve an existing erosion response structure located less than 200 feet landward of the vegetation line; F. not engage in construction that does not comply with FEMA's regulations governing construction in flood hazard areas; and G. design construction so as to minimize impacts on natural hydrology. Construction shall not cause erosion to adjacent properties, critical dune areas, or the public beach. Sec. 10-42. Variances from Federal Requirements. The City shall inform the General Land Office and FEMA Region 6 before it issues any variance from FEMA's regulations found in Title 44 of the Code of Federal Regulations, Parts 59-77. Sec. 10-43. Special Requirements for Eroding Areas. A. "Eroding areas" are portions of the shoreline seaward of the eroding area boundary experiencing a historical erosion rate greater than one foot per year based on published data of the University of Texas at Austin, Bureau of Economic Geology. B. In addition to the other requirements of these regulations, in eroding areas, permittees shall: 1. elevate all structures on pilings in accordance with FEMA minimum standards or above the natural elevation (whichever is greater); 2. design structures located on property adjacent to the public beach so that the structures can be relocated; 3. not pave or alter the ground below the lowest habitable floor, except 93N12889.030.ak 08-11-93 1 33 stabilization of driveways using gravel or crushed limestone; and 4. demonstrate and assure financial ability to fund eventual relocation or demolition of the proposed structure through proof of Upton -Jones coverage in the National Flood Insurance Program. C. If there is any conflict between the requirements of this section and the requirements of any other provision of these regulations, this section controls. Secs. 4450. Reserved. ARTICLE VI. MANAGEMENT OF THE PUBLIC BEACH. Sec. 10-51. General Access Policies. The Concurrent Beach/Dune Committee will use the following policies when authorizing activities affecting or relating to public beach access and use. A. Where vehicles are prohibited from driving on and along the beach, parking areas on or adjacent to the beach shall accommodate a minimum of one car for each 15 linear feet of beach. B. Where vehicles are prohibited from driving on and along the beach, access ways providing both ingress and egress shall average no greater than 1/2 mile apart, depending on variables such as existing development, existing public access roads, ownership, platting, wetlands, dune formations, washouts, blowouts, and political jurisdictions. C. The public shall be informed of the nature and extent of vehicular controls, parking areas, and access points through the use of conspicuously posted signs. Sec. 10-52. Designation of Access Ways, Parking Areas, and Beaches Closed to Motor Vehicles. A. The following areas shall be maintained as public vehicular access ways to and from the public beach: 1. Beach Access Road # 2 - (maintained by Nueces County). 2. Beach Access Road # 3 - (Located within exempt area - maintained by Nueces County). 3. Zahn Road - (maintained by Nueces County). 93NH2889.830.ak 08-11-93 34 4. Beach Access Road # 3-A - (maintained by Nueces County). 5. Whitecap Boulevard - (maintained by the City of Corpus Christi). 6. Beach Access Road # 4 - (maintained by Nueces County). 7. Beach Access Road # 5 - (maintained by Nueces County). 8. Padre Balli Park Road - (maintained by Nueces County). 9. Beach Access Road # 6 - (maintained by Nueces County). 10. Beach Access Road "North" - (Located within exempt area - maintained by the Padre Island National Seashore). B. The following areas shall be maintained as public pedestrian access ways to and from the public beach: 1. Public pedestrian easement, 12 -foot wide and approximately 500 feet long, out of Lot 13, Block 45, Padre Island - Corpus Christi, Section A, which is bounded on the north by a line situated 12 feet north of and parallel to the south boundary line of said Lot 13; 2. Public pedestrian easement, 12 -foot wide and approximately 700 feet long, out of Tract A-2, Block 45, Padre Island - Corpus Christi, Section A, which is bounded on the north by a line situated 12 -feet north of and parallel to the south boundary line of said Tract A-2; 3. Public pedestrian easement, 20 -foot wide and approximately 507 feet long, out of Lot 20, Block 45, Padre Island - Corpus Christi, Section A, which is bounded on the north by a line situated 50 feet. C. The following areas shall be maintained as public beach access parking areas: 1. The rights-of-way of Windward and Leeward Drives and St. Bartholomew and St. Augustine Avenues, and Whitecap Boulevard. 2. Nueces County's Padre Balli Park parking areas. 2 3. Bob Hall Pier on -beach parking area. D. Provisions facilitating access to the beach for disabled persons will be maintained 93N82889.B30.ak 08-11-93 35 at each of the above areas in compliance with the Americans with Disabilities Act of 1990, as amended. E. The following areas of the public beach are closed to vehicles: 1. Seaward of the concrete seawall (Section A, Padre Island - Corpus Christi). 2. The barricaded day -use area between Whitecap Boulevard and Beach Access Road # 4. F. The areas described in this section are shown on Appendix IV attached to these regulations. Sec. 10-53. Abandonments of Public Access or Parking Areas Prohibited. Any right, title, easement, right-of-way, street, path, or other interest that provides existing or potential beach access or parking area, will not be abandoned, relinquished, or conveyed unless an equivalent or better beach access or parking area is first provided consistent with these regulations. Sec. 10-54. Interfering with Access Prohibited. A. No person shall create, erect, construct or maintain any obstruction, barrier, or restraint on or within a public beach or public access way to and from the beach, that will interfere with the free and unrestricted right of the public to use any public beach. B. No person shall display or cause to be displayed on or adjacent to any public beach any sign, marker, or warning, or make or cause to be made any written or oral communication or other representation that the public beach, or a public access way to and from the public beach, is private property not subject to use by the public. This provision does not prohibit signs or other written or oral communications that areas landward of the vegetation line and access ways thereon, other than public access ways, are private property. Sec. 10-55. Post -Storm Assessment. The Committee shall assess the status of the public beach boundary within 30 days after a major storm or other event causing significant landward migration of the public beach. After the assessment, the Committee shall inform the City Council, General Land Office and the Attorney General's Office of any encroachments on the public beach within 10 days of completing the assessment. 93NH2889.B30.ak 08-11-93 36 Sec. 10-56. Beach Closures. A. Areas of the public beach may be closed in cases of public necessity by the City Council or the City Manager, or his or her designee. "Public necessity" includes environmental emergencies, public health and safety emergencies, and government entities' performance of government functions whose importance justifies the restriction of public access. The closure shall be limited to the smallest possible area and the shortest possible time necessary. B. These regulations does not restrict the ability of any peace officer or other official in any extraordinary emergency to protect safety or property by exercising powers or carrying out duties conferred on the officer under generally applicable law. C. Part of the public beach may be closed for a maximum of three days each quarter of the calendar year to allow a nonprofit organization to hold an event on the beach to which the public is invited and to which the organization charges no more than a nominal admission fee. Sec. 10-57. Littering Prohibited. No person shall litter any public beach. "Litter" includes leaving unattended at any place other than a proper disposal receptacle any trash or debris of any character, including food or vegetable material or any remnant or residue thereof, used containers or packaging, or other refuse such as glass, metal, wood, paper, or plastic materials. Sec. 10-58. Camping. Camping is prohibited on any public beach within the City of Corpus Christi except in accordance with Chapter 36 of the City Code of Ordinances. "Camping" means occupying a site as a dwelling place for any length of time, whether in a vehicle, tent or improvised shelter, sleeping bag or without a shelter. Occupation of a site under the circumstances above for more than two (2) hours at any time during the period from. midnight to sunrise shall be presumed to be overnight camping. (City Code Section 36-9). Sec. 10-59. Animal Control. A. No person shall intentionally, knowingly, or recklessly allow a dog or other animal to attack or threaten any person or other animal on a public beach. B. Control of animals shall be in accordance with Chapter 6 of the City Code of Ordinances. 93NH2889.B30.ak 08-11-93 37 Sec. 10-60. Monitoring. The Committee or the General Land Office may require a permittee to conduct or pay for a monitoring program to study the effects on the public beach of the permittee's coastal and shore protection project. The permittee shall notify the General Land Office and the Department of Planning and Development of any discernible change in the erosion rate caused by the project. Sec. 10-61. Beach Nourishment Standards. A beach nourishment project shall not be authorized unless the Conunittee finds and the project sponsor demonstrates that: A. the project is consistent with all applicable requirements of these regulations; B. the sediment to be used is of effective grain size, mineralogy, and quality or is the same as the existing beach material; C. the proposed nourishment material does not contain any toxic materials listed in Title 40 of the Code of Federal Regulations, Section 302.4, in concentrations which are harmful to people, flora, and fauna as determined by applicable, relevant, and appropriate requirements for toxicity standards established by the local, state, and federal governments; D. there will be no adverse environmental effects on the property surrounding the area from which the sediment will be taken or to the site of the proposed nourishment; E. the removal of sediment will not have any adverse impacts on flora and fauna; and F. there will be no adverse effects caused from transporting the nourishment material. Sec. 10-62. Dune Restoration Standards. Except as otherwise expressly provided in these regulations, the restoration of dunes on a public beach shall not be authorized unless the Committee finds and the project sponsor demonstrates that the following requirements are met. A. Except as provided in Subsection (B) of this section, restored dunes: 1. shall extend no more than 20 feet seaward of the landward boundary of the public beach and the restoration area shall follow the natural migration of the vegetation 9310H2889.B30.ak 08-11-93 1 line; tide. 38 2. shall not restrict or interfere with public use of the beach at normal high 3. shall be continuous with any surrounding naturally formed dunes; 4. shall approximate the natural position, contour, volume, elevation, vegetative cover; and sediment content of any naturally formed dunes in the proposed dune restoration area; 5. shall be planted with indigenous vegetation that will achieve the same protective capability as the surrounding natural dunes; and 6. shall be afforded the same protection as naturally -formed dunes. B. Restored dunes may be located farther seaward than the 20 foot restoration area only upon: 1. an affirmative demonstration by the permit applicant that substantial dunes would likely form farther seaward naturally; and 2. prior written approval of the General Land Office and the Attorney General's Office. C. beach; The following methods or materials may be used to restore dunes: 1. piles of sand having similar grain size and mineralogy as the surrounding 2. temporary sand fences conforming to General Land Office guidelines; 3. organic brushy materials such as used Christmas trees; and 4. sand obtained by scraping accreting beaches only if the scraping is approved by the local government and the project is monitored to determine any changes that may increase erosion of the public beach. D. The following methods or materials shall not be used to restore dunes: 1. hard or engineered structures; 93NH2889.B30.ak 08-11-93 39 2. materials such as bulkheads, riprap, concrete, or asphalt rubble, building construction materials, and any non -biodegradable items; 3. fine, clayey, or silty sediments; 4. sediments containing toxic materials listed in Title 40 of the Code of Federal Regulations, Section 302.4 in concentrations which are harmful to people, flora, and fauna as determined by applicable, relevant, and appropriate requirements for toxicity standards established by the local, state, and federal governments; and 5. sand obtained by scraping or grading dunes or the beach. E. Activities affecting restored dunes shall be subject to the requirements of these regulations. Permittees shall not construct or maintain private structures on restored dunes within critical dune areas or seaward of a dune protection line, except for dune walkovers or similar access ways meeting the requirements of these regulations. F. All applications or proposals for reconstructing dunes on the public beach shall be forwarded to both the General Land Office and the Attorney General's Office at least 10 working days prior to the decision on the application. Sec. 10-63. Dune Walkovers. A. Construction of dune walkovers or other beach access mechanisms which extend out onto the public beach shall not be authorized unless the Committee finds and the project sponsor demonstrates that the following requirements are met. 1. The walkover is restricted, to the greatest extent possible, to the most landward point of the public beach. 2. The walkover is constructed and located in a manner that will not interfere with or otherwise restrict public use of the beach at normal high tides. B. Permittees shall relocate walkovers to follow any landward migration of the public beach or seaward migration of dunes using the following procedures and standards. 1. After a major storm or any other event causing significant landward migration of the landward boundary of the public beach, permittees shall shorten any dune walkovers encroaching on the public beach to the appropriate length for removal of the encroachment. 2. In cases where the migration of the landward boundary of the public beach 93N82889.B30.ak 08-11-93 r 40 occurs slowly over a period of time or where a dune walkover needs to be lengthened because of the seaward migration of dunes, the permittee shall apply for a permit or certificate authorizing the modification of the structure. C. Any public dune walkovers or public walkways shall provide access for disabled persons consistent with the Americans with Disabilities Act of 1990, as amended. Sec. 10-64. Standards for Beach Maintenance and Other Activities. A. Any beach maintenance or management activities that materially weaken dunes or dune vegetation, reduce the protective functions of dunes, result in significant redistribution of sand, or significantly alter the beach profile shall not be authorized or undertaken. All sand moved or redistributed due to beach maintenance activities shall be returned to a location seaward of the dune protection line. "Beach maintenance" means the cleaning or removal of debris from the beach by handpicking, raking, or mechanical means. B. Beach maintenance and management measures are in accordance with these regulations and the Interlocal Agreements between Nueces County, Kleberg County and City of Corpus Christi. Secs. 65-70. Reserved. ARTICLE VII. TRAFFIC. Sec. 10-71. PUBLIC BEACH AS A STREET RIGHT-OF-WAY. The City of Corpus Christi hereby accepts and designates the public beach as a street right-of-way. Sec. 10-72. OBSTRUCTION OF THE MAIN TRAVELED ROADWAY. A. It shall be an offense for a person to drive or operate a motor vehicle on any portion of the Gulf Beach other than on the main traveled roadway of such beach. Under no circumstances shall a person operate any vehicle on a sand dune seaward of the dune protection line. This Article shall not apply to the driver of a vehicle while proceeding to any other area of the Gulf Beach for the purpose of parking such vehicle, or in returning therefrom, so long as the route taken is the most direct path between the main traveled roadway along such beach and the beach parking area. B. It shall be an offense for any person to stop, park or leave standing any vehicle, whether attended or unattended, upon the main traveled roadway of the Gulf Beach or Gulf Beach Access Roads. 9310H2889.830.ak 08-11-93 41 1. This Article shall not apply to the driver of any vehicle which is disabled while on the main traveled roadway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. 2. Whenever any police or peace officer encounters a vehicle, trailer, travel -trailer, tent, umbrella, surfboard or other object placed, parked or left standing upon the main traveled roadway, such officer is authorized to move or cause the removal of such vehicle, or items to a position off the main traveled roadway. C. It shall be an offense for a person, or persons, to take any actions which may interfere with the safe passage of motor vehicles on and pedestrian activity along the main traveled roadway. Sec. 10-73. VEHICULAR OPERATION. A. It shall be an offense for a person to drive or operate a motor vehicle on the beach in willful or wanton disregard for the safety of persons or property. B. It shall be an offense for a person to drive or operate a motor vehicle with persons seated on the exterior of a motor vehicle. This shall not apply to a vehicle operated with persons fully seated on the floor of the bed of a pickup truck. C. It shall be an offense for a person to operate a motor vehicle with persons standing on the exterior of any part of the motor vehicle. D. It shall be an offense for a person to operate a motor vehicle towing any person, object material, or item other than a registered trailer or other vehicle. E. It shall be an offense for a person to operate a vehicle within fifty (50) feet of the water's edge on any section of Gulf Beach within the incorporated city limits of the City of Corpus Christi. This traffic regulation shall not apply to the following listed activities and segments of Gulf Beaches: a. Vehicle engaged in the actual launching or loading of water craft. b. Beach maintenance, seawall maintenance, and emergency vehicles. c. Gulf Beach situated immediately in front of the seawall erected by the Padre Island Investment Corporation, the same being located between 93B82889.B30.ak 08-11-93 42 Access Road 3A and Whitecap Boulevard, known herein as the "seawall area". Traffic regulation for the Gulf REGULATION OF each "seawall area" shall be in accordance with the Ar le - RE R OPERATION VEHICULAR ACCESS TO AND AREA in Section 10-77. WITHIN THE GULF BEACH SEAWALL F. Vehicular traffic shall operate as one-way in a southerly direction between Whitecap Blvd. and Beach Access Road 4. Sec. 10-74. SPEED LIMITS. A. No person shall operate or cause to be operated any vehicle at a speed on the beach section(s) within the incorporated any in excess of fifteen (15) miles per hour up city limits of the City of Corpus Christi. B. No person shall operate or cause to be operated M ., motor vehicle at a speed miles per hour upon any portion of Winu.vard Drive between S. in excess of twenty (20 ) Bartholomew Drive and Whitecap Boulevard. in C. Operation of ahour shall constitute an offense. area at a rate of speed excess of fifteen (15) miles per Sec. 10-75. PARKING. c A. The City Council of the City of Corpus Christi is authorized to regulate Codei Traffic, and to require beach parking permits to be displayed Section 61.129 and the Ci of Corpus by the Texas Natural Resources Code, city of a motorcee, Chaparked upon any portion of the Gulf Beach within the incorporated on a motor vehicle parked limits of the City of Corpus Christi. park or leave standing, either attended person toincorporated B. It shall r an offenseeupon for a pmous oregulatorypoed or unattended, a motor vehicle upon any portion of the Gulf Beach within the incorp Corpus Christi where sign -posted with conspicuous a current beach city ge limits ofu the isty of Corp permit without having placed signage requiring display of a beach parking parking permit as described above. feet C. It shall be an offense for any vehicle to be parked within twenty-five (25) coppice mound area), or as thotherwise rwisewater's edgeconspicuously sign -posted on any Gulf Beach located within or within 10 -feet of any sand dune (including P o as otherwise directed by signage consp y us Christi. the incorporated city limits of the City of Corp feet of D. It shall be on offense for any vehicle to be parked within thirty (30) 93NH2889.830.ak 08-11-93 43 a manned lifeguard station. E. It shall be an offense for any person to park or place any vehicle, trailer, travel -trailer, tent, umbrella, surfboard or other object on any portion of the beach which, when so parked or placed in conjunction with any other vehicle, trailer, travel -trailer, tent, umbrella, surfboard or other object, interferes with or obstructs vehicular or pedestrian traffic on any portion of the main traveled roadway or beach accessway, or which shall constitute a restraint, barrier or obstruction so as to interfere with the rights of the public, individually or collectively, to the free and unrestricted use of the beach. F. Nothing in this Article shall serve to limit the authority of a police or peace officer to limit pedestrian or vehicular access due to special occasions that may occur on the Gulf Beach. These special occasions may include, but will not be limited to the following: 1. Large crowds (anticipated or existing) 2. Environmental emergencies 3. Public safety emergencies 4. Traffic control emergencies. G. The parking of a vehicle within stated areas, or in violation of the terms expressed herein, whether by signage or on-site instruction by police or peace officer(s), shall constitute an offense. Sec. 10-76. PEDESTRIAN CROSSINGS. A. The City of Corpus Christi, or its designee, may place signs stating "STOP FOR PEDESTRIANS" facing the direction from which traffic is authorized to travel. 13. Such signs shall be placed in a manner to regulate the flow of traffic so as to allow the safe passage of pedestrian traffic across -the area of Gulf Beach intended as the main traveled roadway. C. It shall be an offense for the operator of any motor vehicle to fail to come to a complete stop or to slow to an appropriate approach speed when a pedestrian is within the immediate area of said signage stating "STOP FOR PEDESTRIANS", and attempting to cross the traveled portion of the Gulf Beach. Said signs to be placed by authority granted within the City of Corpus Christi's Code of Ordinances, Chapter 53 - Traffic. D. Pedestrians shall have the right-of-way and vehicles shall stop or slow to an appropriate approach speed to allow pedestrians to cross to and from the beach. 93NH2889.830.ak 08-11-93 44 Sec. 10-77. REGULATION OF VEHICULAR ACCESS TO AND VEHICULAR OPERATION WITHIN THE GULF BEACH SEAWALL AREA. In the Seawall Area, as defined herein, the following vehicular control regulations have been found necessary for the safety of the users of the Gulf Beach seaward of the Seawall. A. No vehicular traffic, or parking of vehicles, other than that identified in Sec. 10-73 - VEHICULAR OPERATION, shall be permitted on any portion of the Gulf Beach seaward of the Seawall Area. Vehicular traffic approaching the seawall area shall detour from the Gulf Beach by way of Beach Access Road #3-A, St. Bartholomew Drive, Windward Drive (or Leeward Drive) and Whitecap Boulevard. The areas of the Gulf Beach Seawall Area upon which vehicular traffic is prohibited shall be conspicuously sign- posted by the City with "VEHICULAR ACCESS PROHIBITED/DO NOT ENTER" or other appropriate signage with the permitted direction of traffic clearly delineated by additional signage. B. Vehicular traffic on the Gulf Beach area within the incorporated city limits of the City of Corpus Christi, other than the previously described section of the Gulf Beach Seawall Area, shall be one-way only in a southerly direction from Whitecap Boulevard south to Beach Access Road 4. C. It shall be an offense for any person, firm or corporation to operate a motor vehicle along the Gulf Beach in any manner other than specified in items A and B above. D. Motorists desiring to access the Gulf Beach Seawall Area shall park at any one of the following locations: 1. Upon permitted vehicular parking areas of the Gulf Beach immediately north oLBeach Access Road #3-A; 2. Along the east and west curblines of Windward Drive between St. Bartholomew Avenue and Whitecap Boulevard; and 3. Along the north and south curblines of the connecting roadways between Windward Drive and Leeward Drive from St. Bartholomew Avenue to Whitecap Boulevard, 4. Upon permitted vehicular parking areas of the Gulf Beach at the end of and immediately south of Whitecap Boulevard. 931012889.B30.ak 08-11-93 45 Sec. 10-78. AUTHORIZED AND EMERGENCY VEHICLES. The prohibitions in this Article do not apply to an authorized emergency vehicle, beach patrol, police, safety, or maintenance vehicle operating within the scope of official duties. Secs. 79-85. Reserved. ARTICLE VIII. BEACH USER FEES. Sec. 10-86. Beach User Fee. A. In order to establish and maintain beach -related services and facilities for the preservation and enhancement of access to and from and safe and healthy use of public beaches by the public, a fee for each vehicle/pedestrian may be charged by subsequent Council action to do so. B. No fee shall be charged in the public beach areas designated in Appendix VII. Sec. 10-87. Use of Fee Revenue. A. Revenues from beach user fees may be used only for beach -related services. B. "Beach -related services" means reasonable and necessary services and facilities directly related to the public beach which are provided to the public to ensure safe use of and access to and from the public beach, such as vehicular controls, management, and parking (including acquisition and maintenance of off -beach parking and access ways); sanitation and litter control; lifeguarding and lifesaving; the cleaning or removal of debris from the beach by handpicking, raking, or mechanical means; law enforcement; beach nourishment projects; beach/dune system education; beach/dune protection and restoration projects; providing public facilities such as restrooms, showers, lockers, equipment rentals, and picnic areas; recreational and refreshment facilities; liability insurance; and staff and personnel necessary to provide beach -related services. Beach -related services and facilities shall serve only those areas on or immediately adjacent to the public beach. Sec. 10-88. Indirect Costs and Accounting. A. No more than 10% of beach user fee revenues shall be expended on reasonable indirect costs related to beach -related services. B. "Indirect costs" means costs of administrative programs, services, or personnel that partially support beach -related services and to which beach user fee revenues are applied 9310H2889.B30.ak 08-11-93 46 using a general rather than detailed method of apportionment. C. The controlling authority shall administer the beach user fee program in accordance with the Interlocal Agreements between Nueces County, Kleberg County and the City of Corpus Christi regarding beach user fees. Quarterly reports will be sent to the General Land Office in accordance with interlocal agreements. The reports shall state the amount of beach user fee revenues collected and itemizing how beach user fee revenues are expended. Beach user fee revenues shall be maintained and accounted for so that fee collections may be directly traced to expenditures on beach -related services. Beach user fee revenues shall not be commingled with any other funds and shall be maintained in special accounts. Beach user fee revenue expenditures shall be documented in a separate financial statement for each different beach user fee. Beach user fee revenue account balances and expenditures shall be documented according to generally accepted accounting principles. Secs. 89-96. Reserved. ARTICLE IX. PENALTIES. Sec. 10-97. Penalties. Any person who violates either the Dune Protection Act, the Open Beaches Act, these regulations, or a permit or certificate condition is liable for a civil penalty of not less than $50 nor more than $1,000 per violation per day. Each day the violation occurs or continues constitutes a separate violation. Violations of the Dune Protection Act, the Open Beaches Act, and the rules adopted pursuant to those statutes are separate violations. The assessment of penalties under one Act does not preclude another assessment of penalties under the other Act. Conversely, compliance with one statute and the rules adopted thereunder does not preclude penalties under the other statute and the rules adopted pursuant to that statute. Secs. 98-100. Reserved. ARTICLE X. GENERAL PROVISIONS. Sec. 10-101. Construction. A. These regulations and all orders, resolutions, or other enactments related or pursuant these regulations shall be read in harmony with city ordinances of general applicability. B. Where any provisions of these regulations imposes restrictions different from those imposed by any other provisions of the City of Corpus Christi Code of Ordinances or 93NH2889.B30.ak 08-11-93 r 47 any other City ordinance, or any other provision of law, whichever provisions are more restrictive or impose higher standards shall control. Sec. 10-102. Boundary Determinations. Determinations on issues related to the location of the boundary of the public beach and encroachments on the public beach shall be made in accordance with the Open Beaches Act, as amended. Sec. 10-103. Beaches Presumed to be Public. It shall be presumed that any beach fronting the Gulf of Mexico is a public beach unless the owner of the adjacent land obtains a declaratory judgment otherwise under the Open Beaches Act, as amended. A showing that the area in question is located in the area from which mean low tide to the line of vegetation is prima facia evidence that: A. the title of the littoral owner does not include the right to prevent the public from using the area for ingress and egress to the sea; and B. there is imposed on the area, subject to proof of easement, a prescriptive right of easement in favor of the public for ingress and egress to the sea. Sec. 10-104. General Prohibition. No person shall violate any provision of these regulations or any permit or certificate or the conditions contained therein. Sec. 10-105. Appeals and Declaratory Judgement Suits. A. Declaratory Judgement Suits (V.T.0:A., Natural Resources Code § 61.019). 1. A littoral owner whose rights are determined or affected by this subchapter may bring suit for a declaratory judgement against the state to try the issue or issues. 2. Service of citation on the state shall be made by serving the citation on the Attorney General. B. Appeal by Littoral Owner (V.T.C.A., Natural Resources Code § 63.151). A littoral owner aggrieved by a decision of the commissioners court under this chapter may appeal to a district court in that county. 93NH2889.B30.ak 08-11-93 48 Secs. 106-110. Reserved. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word a provisionfosregulations o d for provision of thesbe e regulations for it or is the definite el } final intent judgment City clause,nphrase,ara a h subdivision, clause, phrase, word or of this Council that every section, p gr P provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. Motion to amend the Dune Protection and Beach Access Regulations by providing that the sections of these regulations that prohibit vehicluar traffic in front of the seawall and traffic and parking requirements on Windward Drive shall not be effective for six months from the passage of the regulations and directing that staff continue to work with the various interest local groups and General Land Office and the Attorney General's Office to affect a consensus plan which will be brought back to the Council for consideration on or before , 1994. At me, the bruary the regulations e eferenc9that ed above, oranytCouncil determine amendments of these regulations, shall become effective. 93N82889.830.ak 08-11-93 APPENDICES 9310H2889.830.ak 08-11-93 7IVISIOH :. Major :roup 22. Major Major Major Group Group Group Major Group Major Group Major Group Major Group Major Group Major Group Major Group Major Group Major Group Major Group Major Group 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. Major Group 35. Major Group 36. Major Group 37. Major Group 38. Major Group 39. .DIVISION E. Major Group 49. • Appendix 1 :'1NUFACTt RING Food and kindred prcduct_. axceot mcustrp Mummers 2091 and' 2092 Tobacco products Textile mill. products Apparel and other finished products made fabrics and similar materials Lumber and wood products, except furniture Furniture and fixtures Paper and allied products Printing, publishing, and allied industries Chemicals and allied products \\ Petroleum -refining and related industries Rubber and miscellaneous plastics products Leather and leather products Stone, clay, glass, and concrete products Primary metal. industries Fabricated metal products, except machinery and transportation equipment Industrial and commercial machinery and computer equipment Electronic and other electrical equipment and components, except computer equipment Transportation equipment Measuring, analyzing, and controlling instruments: photographic, medical and optical goods: watches and clocks Miscellaneous manufacturing industries from TRANSPORTATION, COMMUNICATIONS, ELECTRIC, as, AND SANITARY SERVICES Sanitary services (sewerage -systems, refuse systems, sanitary services not elsewhere classified) MISCELLANEOUS FOOD PREPARATIONS AND KINDRED PRODUCTS 2092 Prepared Fresh or Frozen Fish and Seafoods Establishments primarily engaged in preparing fresh and raw or cooked frozen fish and other seafoods and seafood preparations, such as soups, stews, chowders, fishcakes, crabcakes, and shrimpcakes. Prepared fresh fish are eviscerated or processed by removal of heads, fins, or scales. This 'industry, also includes establishments primarily engaged in the shucking and packing of fresh oysters in nonsealed containers. - Chowders, fish and seafood: frozen - Crabcakes, frozen - Crabmeat picking - Crabmeat, fresh: packed in nonsealed containers - Fish and seafood cakes, frozen - Fish Fillets - Fish sticks - Fish: fresh and frozen, prepared - Oysters, fresh: shucking and packing in nonsealed containers - Seafoods, fresh and frozen - Shellfish, fresh and frozen - Shellfish. fresh: shacked:. picked, or- packed - Shrimp, fresh and.frosen- - Soups, fish and seafood: f'tozem - Stews, fish and seafood: fl-ozem 2091 Canned and Cured Fish and Seafoods Establishments primarily engaged in cooking and canning fish, shrimp, oysters, clams, crabs, and other seafoods, including soups; and those engaged in smoking, salting, drying, or otherwise curing fish and other seafoods for the trade. Establishments primarily engaged in shucking and packing fresh oysters in nonsealed containers, or in freezing or preparing fresh fish, are classified in Industry 2092. - Canned fish, crustacea, and mollusks - Caviar, -canned - Chowders, fish and seafood: canned - Clam bouillon, broth, chowder, juice: bottled or canned - Codfish: smoked, salted, dried, and pickled - Crab meat, canned and -cured - Finnan haddie (smoked haddock) - Fish and seafood cakes: canned - Fish egg bait, canned - Fish, canned and cured - Fish: cured, dried, pickled, salted, and smoked - Herring: smoked, salted, dried, and pickled Mackerel: smoked, salted, dried, and pickled Oysters, canned and cured - Salmon: smoked, salted, dried, canned, and pickled - Sardines, canned - Seafood products, canned and cured - Shellfish, canned and cured - Shrimp, canned and cured - Soups, fish and seafood: canned - Stews, fish and seafood: canned - Tuna fish, canned T 11X3IN Jo rifle 0 o m m m a m m z m Z m 01 mom mz0 0-40 ^m 'mi 0 0 ,O o o � . " a m>� as OOIX31A1 3O 31f1O .00 03 ,o0 0 T rn 0 WHITECAP BLVD. ACCESS -4 2 0 O cwiiwli"�\� a fn x m M a a 5 r r 0 m m z 0 m z 0 m r m m m a 1 T O z 1 0 O z co 1 C 0 1 0 z 111 XION3ddV 001X3W JO dine 6.1.11111, BAIIRPL COe 0 D N MI K N C — N 1IitI I O O co O O -I C a > C < m m A > O x z c a c > - C < - O r > i m r C r-4 r r O 2 m APPENDIX IV FLOW CHART OF APPLICATION PROCESS FOR MASTER PLANNED DEVELOPMENT APPLICATION SUBMITTED TO DEPARTMENT OF PLANNING AND DEVELOPMENT 1 3 WORKING DAYS 4 DEPARTMENT OF PLANNING AND DEVELOPMENT: 1) Determines application complete; 2) Schedules for Planning Commission meeting; 3) Advises applicant 3 WORKING DAYS 4 DEPARTMENT OF PLANNING AND DEVELOPMENT FORWARDS COMPLETED APPLICATION TO GOVERNMENT LAND OFFICE AND ATTORNEY GENERAL 14 WORKING DAYS DEPARTMENT OF PLANNING AND DEVELOPMENT RECEIVES STATE COMMENTS 5 WORKING DAYS NIP DEPARTMENT OF PLANNING AND DEVELOPMENT FORWARDS TO PLANNING COMMISSION: 1) Completed Application; 2) City Staff Recommendation; and 3) State's comments [ - 5-10 WORKING DAYS 4, PLANNING COMMISSION MAKES RECOMMENDATION 15-20 WORKING DAYS CITY COUNCIL TAKES ACTION ON ORDINANCE 3 WORKING DAYS 1 CITY SUBMITS APPROVED ORDINANCE TO GLO/AG'S OFFICE FOR APPROVAL (10 WORKING DAYS) 58-68 TOTAL WORKING DAYS Note: Additional information may be requested at any point by Staff, GLO, AG, Planning Commission, or City Council. APPENDIX V FLOW CHART OF APPLICATION PROCESS FOR DUNE PROTECTION PERMIT AND BEACHFRONT CONSTRUCTION CERTIFICATE APPLICATION SUBMITTED TO DEPARTMENT OF PLANNING AND DEVELOPMENT (by scheduled submittal deadline) 1 3 WORKING DAYS 4 DEPARTMENT OF PLANNING AND DEVELOPMENT: 1) Determines application complete; 2) Advises applicant; and 3) Schedules Beach/Dune Committee meeting 3 WORKING DAYS 1 DEPARTMENT OF PLANNING AND DEVELOPMENT FORWARDS TO GOVERNMENT LAND OFFICE AND ATTORNEY GENERAL: 1) Completed application; and 2) Preliminary report 14 WORKING DAYS 4, DEPARTMENT OF PLANNING AND DEVELOPMENT RECEIVES STATE COMMENTS 1 - 5 WORKIING DAYS i DEPARTMENT OF PLANNING AND DEVELOPMENT FORWARDS TO BEACH/DUNE COMMITTEE: 1) City Staff recommendation; and 2) State's comments 5 WORKING DAYS 1 CONCURRENT BEACH/DUNE COMMITTEE TAKES ACTION 30 TOTAL WORKING DAYS Note: Additional information may be requested at any point by Staff, CLO, AG, Beach/Dune Committee or City Council. t Dm D o r m O o0 �� ACCESS WHITECAP BLVD. O31X3W JO dlOD z 0) m ZAHN RD. O j. ihi NEWPORT BASS VE 'ON 'Old SS300V HOV3 O m 2 > > 0 Z z 7 m m a r CORPUS CHRISTI PASS Fri L y per' ••• 4 y CLOSED TO MOTOR VEHICLES PARKING AREAS, AND BEACHES DESIGNATED ACCESS WAYS, IA XI4N3ddV OO1X311 JO dine NO BEACH USE / PARKING FEE CHARGED MIX NMI RIM cn• m m D > 7 m > N m P a z T m 0 X 0 F11 O v (380HSV3S 1,1VN 0 m IIA XIUN3ddd VI.iriuLL ISA RtACY ACLE 0 z 0 ACCESS ACCESS VLACH ACCESS WHITECAP BLVD BEACH ACCES RD 3A DAN RD. ACCES RO '+TF rn T 4 C CORPUS CHRISTI PASS I j O O r Z m 0 0 0 O < s z a < z r < C y m m o OP 0 O Z m m z C Z Z I O < r rC r <m 9s z C < m r m 00,1 r -100 O m APPENDIX VIII INTERGOVERNMENTAL AGREEMENT BEACH CLEANING This Agreement is entered into between Nueces County (County) and the City of Corpus Christi (City) for purposes of the Texas Intergovernmental Cooperation Act, Government Code, Chapter 791, to achieve efficiency in meeting intergovernmental responsibilities. 1. SERVICES PROVIDED County agrees to provide the following services on the public Gulf beaches at Padre Island annexed by City under Ordinance No. 16752 passed and approved by the City Council on the 9th day of December, 1981, and under Ordinance No. 20140 passed and approved on the 29th day of December, 1987, as shown on map Exhibit "A", attached and made a part hereof for all purposes ("City Gulf Beach"): (a) Three (3) lifeguards and lifeguard stations to be positioned and deployed to provide adequate coverage of the City Gulf Beach during the period on or about May 25 through September 5, or Labor Day, whichever is sooner, for each year this Agreement is in effect; (b) Portable restroom facilities, as needed, with a minimum of six (6) deployed at any time from May 15 through September 5 for each year this Agreement is in effect: (c) Trash receptacles as needed; and (d) Maintenance personnel, supervisors, support personnel, and equipment to adequately clean and maintain the described beach and facilities and to pick up accumulated trash, debris, seaweed, oil and tar wash-ups and to haul such accumulations to approved dump sites, in accordance with standard operating maintenance procedures on adjacent beaches and rules promulgated by the Texas General Land Office covering the City Gulf Beach. II. CONSIDERATION This Agreement recognizes that the County collects beach parking permit fees in the City Gulf Beach area. The form of consideration to be provided by City to satisfy beach service expenses incurred by the County shall not exceed 5100,000 without the City Manager's prior written approval, and shall be paid in cash, credit for revenue derived from the beach parking permit fees inside City limits, or mutually agreed upon in-kind goods and ormolu 2 services provided at mutually agreed market prices. The itemized bill shall be for actual expenses incurred by County for cleaning the City Gulf Beach inside the City of Corpus Christi, plus the cost of the three (3) lifeguards, and the portable restrooms and trash receptacles located on the City Gulf Beach. The County shall send a quarterly itemized bill to the City for services rendered. City shall pay County in the manner set out above within thirty (30) days after receipt of the quarterly bills. III. TERM This Agreement runs from August 1, 1992. through July 31. 1993, and automatically renews under the same conditions if neither party has notified the other its desire to terminate the Agreement thirty (30) days prior to each July 31, or as provided for in paragraph IV. The County acknowledges the City's authority and capacity to be bound to such terms depends upon the City Council's budgeting to cover or fund this contract for each successive term. IV. DEFAULT In the event the City fails to perform or comply with any terms or conditions of the Agreement, the County may terminate the Agreement after giving the City thirty (30) days notice in writing of the failure to comply with the Agreement. The City shall have thirty (30) days to cure any default. In the event the County fails to perform or comply with any terms or conditions of the Agreement, the City may terminate the Agreement after giving the County thirty (30) days notice in writing of the failure to comply with the Agreement. The County shall have thirty (30) days to cure any default. V. GOVERNMENTAL SERVICE This Agreement is between City and County for the purpose of providing governmental services and is not for the benefit of any third party or individuaL 000085 3 VI. ENTIRETY CLAUSE This Agreement expresses the entire Agreement between the parties. Any modification, amendment, or addition to this Agreement shall not be binding upon the parties unless reduced to writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE ORIGINALS on the day of ,1993. ATTEST: CITY OF CORPUS CHRISTI By: By: Armando Chapa, City Secretary Juan Garza, City Manager APPROVED: James R. Bray: By: v�lo (G Alison allaway Assistant City Attorney ATTEST: By: County Clerk Assistant County Attorney 000086 AGSOMalla¢ NUECES COUNTY, TEXAS County Judge pu,: l9 I 1 04 FROM Eeach Services TO Corpus Par"\ • Mr Outside City Limits e ?"O/N4k 52 /. I.i23A •i7 5+ { 42 1 ORO, A/C 20/40 fr Zy .5.2.c'A 200"xi Q4r+OO•04.1011.1:-A OA�.s. 0 o:�oO0o `r• Ss� o��:OOoo AO'Jpp��AOp.ae-ii 0.� • OOp• Q-" �4oriita .,ate o0' o0 op 00 0" 04"OG a �V.O,� Jp O% 0 00IS � 110 01 *43 IipV 0 IO OpO0p I OOpp 0 *00 4pQ�O 100 '''+,v� APPENDIX IX INTERLOCAL AGREEMENT (Coastal Area Management -Dune Protection) THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL PERSONS BY THESE PRESENTS That this Interlocal Agreement is made between Nueces County, Texas (County) and the City of Corpus Christi, Texas (City), a municipal corporation. Whereas, the Texas Natural Resources Code provides for the protection and preservation of sand dunes which provide a protective barrier for adjacent land and preserve beaches and shores by protecting against erosion; Whereas, the Texas Natural Resources Code provides that the Commissioner's Court of each county on the Gulf of Mexico shall administer the Dune Protection Act for the purpose of preserving sand dunes and provides that a county may allow a municipality within the county to administer the act within its corporate limits; and Whereas, the City desires to administer the Dune Protection Act within its corporate limits; Now therefore, be it agreed by the City of Corpus Christi, Texas and Nueces County, Texas: 1. That Nueces County hereby delegates all powers and authority granted to the County by Chapter 63 of the Natural Resources Code, V.T.C.A., Natural Resources Code § 63.001 et. seq., relating to the protection and regulation of dunes on the seaward shore of the Gulf of Mexico to the City of Corpus Christi, such authority to be exercised only within the City's corporate boundaries. 2. That such delegation of powers and authority by Nueces County does not affect any agreement between the City and County pertaining to beach cleaning and maintenance and the collection of beach user fees. 3. That the City of Corpus Christi hereby accepts such powers and authority and agrees to faithfully administer Chapter 63 of the natural Resources Code within its corporate boundaries. 4. The term of this agreement shall commence on August 16, 1993 and end on December 31, 1994 and shall be subject to automatic renewal on a calendar year basis unless terminated as provided herein. Notice of termination by either party shall be given in writing to the other party no later than October 1, and will be effective December 31 of 93NH2851.007.ak the same year; provided that this agreement may not be terminated by written notice prior to December 31, 1994. Executed this day of , 1993. ATTEST: ATTEST: Armando Chapa City Secretary City of Corpus Christi, Texas Nueces County, Texas By By Juan Garza City Manager 93NH2851.007.at 2 Robert N. Barnes County Judge APPENDIX X INTERLOCAL AGREEMENT (Coastal Area Management -Dune Protection) THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF KLEBERG § That this Interlocal Agreement is made between Kleberg County, Texas (County) and the City of Corpus Christi, Texas (City), a municipal corporation. Whereas, the Texas Natural Resources Code provides for the protection and preservation of sand dunes which provide a protective barrier for adjacent land and preserve beaches and shores by protecting against erosion; Whereas, the Texas Natural Resources Code provides that the Commissioner's Court of each county on the Gulf of Mexico shall administer the Dune Protection Act for the purpose of preserving sand dunes and provides that a county may allow a municipality within the county to administer the act within its corporate limits and extraterritorial jurisdiction; and Whereas, the City desires to administer the Dune Protection Act within its corporate limits and extraterritorial jurisdiction; Now therefore, be it agreed by the City of Corpus Christi, Texas and Kleberg County, Texas: 1. That Kleberg County hereby delegates all powers and authority granted to the County by Chapter 63 of the Natural Resources Code, V.T.C.A., Natural Resources Code § 63.001 et. seq., relating to the protection acid regulation of dunes on the seaward shore of the Gulf of Mexico to the City of Corpus Christi, such authority to be exercised within the City's corporate boundaries and extraterritorial jurisdiction. 2. That the City of Corpus Christi hereby accepts such powers and authority and agrees to faithfully administer Chapter 63 of the natural Resources Code within its corporate boundaries and extraterritorial jurisdiction. 3. The term of this agreement shall commence on August 16, 1993 and end on December 31, 1994 and shall be subject to automatic renewal on a calendar year basis unless terminated as provided herein. Notice of termination by either party shall be given in writing to the other party no later than October 1, and will be effective December 31 of 93N112851.008.ak the same year; provided that this agreement may not be terminated by written notice prior to December 31, 1994. Executed this day of , 1993. A 1 1'EST: ATTEST: Armando Chapa City Secretary City of Corpus Christi, Texas Kleberg County, Texas By By Juan Garza City Manager County Judge 93NH2851.00S.ak That the foregoing ordinance was rea for the to }��. second reading on this the c; 7 day of 19 `1a , by the following vote: Mary Rhodes Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria rstAtime and passed ;I Edward A. Martin Dr. David McNichols David Noyola Clif Moss N That the foregoing ordinance /tr read for the s conda and passe finally on this the day of w" 19 93 , by the following vote: Mary Rhodes Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria CkAT Edward A. Martin Dr. David McNichols David Noyola Clif Moss P9 sED AND APPROVED, this the (0 day of 1 ATTEST: Ayr ecreta APPROVED:V0DAY JAMES R. BRAY, JR., YOR T IE CLT?t OF CORPUS CHRISTI OF, 19 CITY ATTORNE \forms\044 021722 to CJ PUBLISHER'S AFFIDAVIT cn r C, State of Texas, } CITY OF CORPUS CHRISTI s CD County of Nueces } ss: AD# 76267 PO# Before me, the undersigned, a Notary Public, this day personally came Beverly Bennett, who being first duly sworn, according to law, says that she is Business Office Secretary of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021722 AN ORDINANCE ESTABLISHING DUNE PROTECTION AND BEACH ACCESS REGULATIONS which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 16th day(s) of August, 1993. One Time(s) $ 110.40 Business Office ecretary Subscribed and sworn to before me this 16th day of September, 1993. &/4i7)l� g Notary Public, Nueces C LJJ 221 ty, Texas ADRIANA C. AGUIRRE Notary Public State of Texas My Comm. Exp. 7-13-96 Monday, Aug 116,SeOO hrisdCaikr•Times/01y Finials IIY OF AN ORDINANCE ING DUNE PRIG ECn0M AND BEACH ACCESS REGULA= TIONS NN ACCORDANCE WITH THE OTY'$ HENSIVE RAN, THE TEXAS . OPEN BEACHES ACT, THE DUNE PROTECTION ACT 11 AND COASTAL AREA PLAN- - NING REOULA S; y REGULATING THE HIE tt CONSTRUCTION, RECON e< STRUCTION, ALTERATION, 3. AND RE AM OOFBUILDINGS AND UEACHTIMEEST WITHIN CON- STRUCTION AND DUNE • LATINO, F1Ep�TMN e DUNES; FOR ISSUANCE OF WIVE PRO- TECTION PERMITS AND its BEACHFRONT CONSTRUC- TION CERTIFICATES AND FOR THE APPROVAL OF SUCH PETS AND ICATESS BBYR BY RMI A COME- 18 FOROFMRSE APPIN VAL OFO sI MASTER PLANNED LEVEL- _ OPMENTS WITHIN THE n- ANDN MENT �v. PIdAL S VIOLATION OF ANY OP 11* PROVISIONS OF THE ORDI- n NANCE, FOR FUTURE d CHANGES AND Ala MENTS TO THE 1, AND DEFMNNG THE V- I- TERAS AND WORDS u IN THE ORDINANCE; SEVERANCE; AND 1, PPRROV FOR FOR PUSUCA• 1 NR/. Tie totilletJ by the S City Coulee! or M City of Cosscksn or_ *. 10th dpr. OfO PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 16655 PO# 7t 0 fl i Before me, the undersigned, a Notary Public, this day personally came Beverly Bennett, who being first duly sworn, according to law, says that she is Business Office Secretary of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021722 AN ORDINANCE ESTABLISHING DUNE PROTECTION AND BEACH ACCESS REGULATIONS IN NOMINATION which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 17th day(s) of August, 1993. One Time(s) $ 110.40 Business Office Secretary Subscribed and sworn to before me of August, 1993 this 31st day `"�uiu ur�in v..r atA �p" Notary Public, Nueces County, Texas Corpus Christi Caller-'fimillt legal Notices 1110 Nt' b 'e .S . 021722 AN ORDINANCE ESTABLISH- •• ING DUNE PROTETION ANREGULAD BEACH ACCESS TIONS IN AA AN E M8 WITH THE antE911911,RE- ; HENSIVE PLAN. ?EXAS ace OPEN : _ ,•.i: AND CO ACT 09' • • i DUNE ' '• „- PLAN- Chi • SNS; T& CONST TCCION. Tri CONSTRUCTION; E t9 AND IGN, ALTERATION, Blc AND REPAIR OF BUILDINGS Cit AND STRUCTURES WITHIN Co THE BEACHFRONT CON- Ac STRUCTION AND DUNE D1 PROTECTION AREA; REGU- As LATING THE ALTERATION Ch OF DUNES; PROVIDING FOR Tr. ISSUANCE OF DUNE PRO- 19 r TECTION PERMITS AND Bk BEACHFRONT CONSTRUC- Cit t TION CERTIFICATES AND Co FOR THE APPROVAL OF Ac e SUCH PERMITS AND CERTIF- D1 h ICATES BY THE PLANNING 01 R COMMISSION; PROVIDING mi b FOR THE APPROVAL OF Tr al MASTER PLANNED DEVEL- 1E t- OPMENTS WITHIN THE Elk 'd DUNE PROTECTION AND Cii t, BEACHFRONT CONSTRUC- Cc ON ARERA; REGULATING Ac 1- TRAFFIC; ESTABLISHING 01 t: STREETS AND PUBLIC AC- Af M CESS TO THE PUBLIC CI p- BEACHES; REGULATING USE T' ,ry OF THE PUBLIC BEACH AR- 1' et, EA; ADOPTING MAPS B m, SHOWING THE ACTUAL LO- C ia- CATION AND BOUNDARIES C he OF THE DUNE PROTECTION A ay AND BEACHFRONT CON- D ss STRUCTION AREAS; 0 30 EXCEPTIONS, FOR ENFORCE- S- MENT, FOR PENALTIES FOR JF VIOLATION OF ANY OF THE iS PROVISIONS OF THE ORDI- te NANCE, FOR FUTURE s: CHANGES AND AMEND - 1, MENTS TO THE ORDINANCE, r- AND DEFINING THE VARIOUS t, TERMS AND WORDS USED J ING FORRSEVERANCE; AND I PROVIDING FOR PUBLICA- TION. The ordinance was passed on second and final reading by the City Council of the City of Corpus Christi on the 10th day of August, 1993. /s/ Armando Chape City Secretary City of Corpus Christi NCnnc nc D ACC A re. OF C 4N Y